Pat HC | Withdrawal simpliciter of application under S. 482 CrPC not allowed, when applicant indulges in malafide conduct

Patna High Court: The Bench of Ahsanuddin Amanullah, J. was hearing an application under Section 482 of the Code of Criminal Procedure, 1973 which sought quashing of Family Court’s order whereby applicant-husband was directed to pay maintenance to his wife (2nd respondent herein).

At the outset, this Court called for a report from the Family Court, in the present matter. The said report stated that the applicant, till date had not complied with Family Court’s order to pay maintenance. At this juncture, learned counsel for the applicant Mr Dineshwar Prasad Singh submitted that he may be permitted to withdraw the application.

The Court opined that the applicant could not be allowed to simply withdraw the application, when his mala fide conduct stood exposed. It was observed that strict order was required to ensure payment of maintenance to the 2nd respondent, moreso, when there was a judicial order to that effect. The Court, under its inherent power under Section 482 CrPC is also required to pass an order for securing the ends of justice.

Accordingly, the application was disposed of as withdrawn, directing the Family Court to take all coercive measures against the applicant for ensuring compliance of its order directing payment of maintenance.[Sanjay Yadav v. State of Bihar, 2019 SCC OnLine Pat 601, Order dated 03-05-2019]

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