Prosecutor High Court · 2025

Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay of all further proceedings in CrLM.P.No. 175 ot 2017 in M.C.No.156 of 2014 on the file of the Principal District and Sessions Judge-cum- Family Court, Medchal (Malkajgiri) District, at Malkajgiri including arrest of the petitioner,; This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri JEERIPOTHULA SRINIVAS ,Advocate for the Petitioner and Sri E.Ganesh, Asst. Public Prosecutor on behalf of the Respondent No. 1 and Sri Syed Ashfaq Ahmed, Advocate for the Respondent Nos.2 & 3; The Court made the following ORDER: ;7 THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.4467 of 20.23 ORDER This Criminal Petition is hled under Secti,tn 482 of thc- Code of Criminal Procedure, 1973 by tJre pt:titioner seeking to quash the order datr:d 2?-.1O.2O22 in M.C.No.156 of 2Ol4 on the file of lerrned Principal District and Sessions Judge-cum- FeLrnily Court, Medcha_l (Malkajgiri) District ,1r M;rlkajgiri (for short, 'the trial Court').

2. Heard Mr.J.Srinivas, learned couns,:l relrresenting petitioner, Mr.E.Garresh, learned Assistant Public Prosecutor for respondent/ State and Mr. Syed Ashfaq Ahmed, learned counsel fc r respondent Nos.2 and 3. Perused the record. a The brief facts of the case are that the respondent Nos.2 and 3 herein filed M.C.No.l56 of 20 t4 on the file of learned Principal District aind Session s Jtrdge-cum-Family Court, Medchal (Malkajgiri) ir:-.,.L . 2 EW,J crLP.No.4467 oJ 2O23 District at Malkajgiri seeking maintenance against the petitioner herein arrd the said maintenance case was allowed on 20.O4.2O 17, directing the petitioner herein to pay a sum of Rs.7,000/- each respondent Nos.2 and 3 herein. 4 Leamed counsel for the petitioner contended that in compliance to the order dated 22.10.2022 in M.C.No.156 of 2014, the petitioner herein paid maintenance amount to respondent Nos.2 and 3/wife and son. Despite compliance of the impugned order, the respondent No.2/wife filed Crl.M.P.No.175 of 2Ol7 in D.V.C.No.156 of 2Ol4 before the trial Court claiming arrears of maintenance to a tune of Rs.4,48,O00/-. He further contended that . the petitioner paid substantial amount towards arrears of maintenance and for the unpaid amount he was sent to jail on two occasions. He further contended that during the course of trial on 21.10.2022 the trial Court passed the following order: I I a EW'J CILP.No-4467 oJ 'rO23 Both P(Irlties Present' ResPondent' oJ Rs'7O'OO'OOOy'" reolied b Ptrg o "u^ i7;;;"i.nno7"n':::::fr';"i{r;:tr:ZY, Resoondent and his Jat ;Z:;;;;' ;;;" -onth time Jor P asment' Call on 25'71'2022' 5 Ht: further contended that the petitioner h':rern accePted for Permanent settlement and the Petitiorter rs an auto driver and on account of his continuous itl-health he is not in a position to eke out his livelihood rmd dePending on his Parents' He further contended that neither the Petittoner nor his Parents a-re r;ound enough to pay such a huge amount towards perm anent alimonl" He further contended that the impugned order dated 21 .1O'2[22in M'C'No'156 of 2Ol4 was passed by the trial Court u"ithout taking into consideration of the earning capacity of the petitioner herein and pursuant to docket order dated 2l'lO'2022 the trial Court passed Non Bailable Warrant against the petitioner hert:in that itself speaks about the flrnancial capacity of the petitioner' He further contended that the petitioner has agreed to pay Rs'lO lakhs towards permanent 'ilimo1yj' '1 -!-; ,.t,i:'- ---ytn -, 4 EW,J CrLP.No,4467 oJ 2023 r-) he could not procure the said amount within a period of one month and the petitioner was sent to Jail on couple of occasions for not being able tq pay the arrears of maintenance. Hence, he seeks to grant sufficient time to pay permanent alimony on installment basis. 6 On the other hand, learned counsel for respondent Nos.2 and 3 contended that the petitioner herein has to pay more than Rs. 15 lakhs towards arrears of maintenarrce and the trial Court has taken Ienient view and reduced the amount by keeping in view of the f,rnancial position of the petitioner herein but still the petitioner has not made any effort to pay the amount. Therefore, he seeks to dismiss the Criminal Petition 7 . A perusal of record reveals that M.C.No.156 of 2Ol4 has been disposed by the trial Court vide order dated 20.04.2017 and thereafter, Crl.M.P.No.175 of 2Ol7 has been fiIed before the said Court for non-compliance of the order dated 20.O4.2OL7 passed by the trial Court, as such impugned order date-d I \ 5 EW,J CrLP. I'lo. 4 4 6'., of 2023

21.1O.2022 was passed for towards pernlanent settlement but till date the petitioner herein did r:ot pay the amount as agreed and the learned counsel .!or the petition('r herein seeks leave of this Court to make payment in installments.

8. Recording the a-foresaid submissions, this Court deems it appropriate to modify the order dated

21.10.2022 in Crl.M.P.No.175 of 2Ol7 in M.C.No.156 of 20 14 passed by the trial Court by facilitatirLg the petitioner herein to pay Rs. 1O lakhs in six equal monthlv installments starting from the month of l{arch, 2025 and the entire amount has to be paid withcut fail to the credit of M.C.No.156 of 2Ol4 before the trial Court, upon such payment, it is needless to mention that the respondent No.2 is permitted to withdraw the amount deposited by the petitioner herein to the satisfactron of the trial Court 9 With the above observation, the Cr.Lminal Petition is disposed \ t,:.:.--i,i r- I I 6 EW,J CtLP.I'to.4457 oJ 2O23 h Miscellaneous applications, if any pending, sha-ll also stand closed. sd,- P PADMANARET,EiRRX /ITRUE COPY/, S CTION OFFICER To, 1

2. a u#i[*#*x*iummili'ffi"' 4 5. Two CD CoPies PSL HIGH COURT DATED:1 010212025 ,t;;i.:i.,-") i r-- 24 I\Pn 7.[fr \ o -t,,r * -\=-..- ORDER CRLP.No.4467 of 2023 DISPOSING OF THE CRIMINAL PETITION I 4 L2 ,14/