RAHUL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Sushil Kumar Pandey, learned counsel for the applicants and Sri Mohd. Shoeb Khan, learned A.G.A. for the State.

(2.) The present 482 Cr.P.C. application has been filed to quash the impugned order dtd. 19/8/2023 passed by Additional Sessions Judge/Special Judge (SC/ST Act), Hapur in Criminal Appeal No. 29/2022, Smt. Asha Vs. State of U.P. & Others, whereby the learned lower appellate court allowed the appeal filed by opposite party no. 2 by setting aside the order dtd. 16/5/2022 passed by trial court and directed the applicants not to commit the domestic violence against the opposite party no. 2 and further permit her to remain in the house or provide her alternate residence and further the applicant no. 1 was directed to pay Rs.7,000.00 per month to opposite party no. 2 for her maintenance from the date of initial order passed by trial court i.e. 16/5/2022.

(3.) Contention of learned counsel for the applicants is that the present proceeding is arising out of the offence which is matrimonial in nature, and therefore, the matter may be referred to the Mediation Centre.