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Allahabad High Court

AKASH SONKARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court condoned the delay and disposed of the revision, directing the Family Court to decide the pending Section 125 application within six months.

Summary

The petitioners, Akash Sonkar, filed a criminal revision challenging an interim maintenance order dated 03.01.2025 passed by the Principal Judge of Family Court No.1, Meerut, under Section 125 of the Criminal Procedure Code. The revision was filed 327 days after the impugned order, prompting a request for condonation of delay. The petitioners indicated they were not contesting the merits of the maintenance order and were willing to comply with the amount directed, seeking only a direction for the family court to decide the pending application promptly. The Court examined whether the delay could be condoned given the petitioners' stance of not pressing the revision on merits. It held that, since the petitioners were not seeking a substantive review, the delay was condoned and the revision was disposed of, directing the family court to decide the pending Section 125 application within six months without unnecessary adjournments.

Issues considered

  • Whether the delay of 327 days in filing the criminal revision can be condoned.
  • Whether a revision under Section 125 Cr.P.C. can be entertained when the petitioner is not pressing the matter on merits.

Legislation cited

Subjects

  • maintenance
  • Section 125 CrPC
  • criminal revision
  • delay condonation
  • family court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL REVISION DEFECTIVE No. - 519 of 2026

Akash Sonkar
                                                                  .....Revisionist(s)
                                       Versus

State of U.P. and Another
                                                                        .....Opposite
                                                                              Party(s)

Counsel for Revisionist(s)            :   Deisy Pundir, Rahul Singh Tomar
Counsel for Opposite Party(s)         :   G.A.

Court No. - 87
                 HON'BLE PRAVEEN KUMAR GIRI, J.

1. Heard Sri R.S. Tomar, learned counsel for the revisionist and Sri
Pankaj Kumar, learned A.G.A. for the State.

2. Learned counsel for the revisionist submits that the instant criminal
revision has been preferred with the relief which has been mentioned in
the prayer clause along with delay condonation application as there is
delay of 327 days in filing the revision. The relief mentioned in the prayer
clause of the revision is delineated below:-

     "It is therefore, most respectfully prayed that this Hon'ble Court may
     graciously be pleased to allow this revision and set aside the order dated
     03.01.2025 passed by Principal Judge, Family Court No. 1, Meerut in
     Misc. Case No. 221 of 2025 (Akash Vs. Anuradha) arising out of Case
     No. 412 of 2021 (Smt. Anuradha Vs. Akash Sonkar) under Section 125
     Cr.P.C., Police Station Sadar Bazar, District Meerut in so far concerned
     in regard to direction to pay maintenance of Rs. 35,000/- including fine of
     and Rs. 5000/-Rs. 2,000/-as interim maintenance during the pendency of
     Case No. 412 of 2021 to the O.P. NO. 2 and stay the effect and operation
     of the aforesaid order passed by learned Court below during pendency of
     the present revision before this Hon'ble Court.
     And/or to pass such other and further orders as this Hon'ble Court may
     deem fit and proper in the facts and circumstances of the case."

3. Learned counsel for the revisionist submits that he has challenged the
order dated 03.01.2025 by which interim maintenance amount has been
                                                                                           CRLRD No. 519 of 2026
                                                                   2


                                    granted to the wife of the revisionist/O.P. No.2. He further submits that he
                                    does not want to press this revision on merits and he is ready to pay the
                                    maintenance amount as directed by Principal Judge, Family Court No.1,
                                    Meerut vide order dated 03.01.2025 and the concerned Family Court may
                                    be directed to decide the application under Section 125 Cr.P.C. in a time
                                    bound manner.

                                    4. In view of submission of learned counsel for the revisionist that he is
                                    not pressing the revision on merits, the delay in filing the revision is
                                    hereby condoned. The instant revision is disposed of directing the
                                    concerned Family Court to decide the pending application under section
                                    125 Cr.P.C. after affording opportunity of hearing to both the parties,
                                    without granting any unnecessary adjournments to either parties,
                                    preferably within a period of six months from today.



                                                                                     (Praveen Kumar Giri,J.)
                                    May 7, 2026
                                    Manish Himwan




Digitally signed by :-
MANISH HIMWAN
High Court of Judicature at Allahabad


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