JUDGMENT

SWARANA KANTA SHARMA, J.

CRL.M.A. 1597/2023 (for interim relief)

1. In the above captioned petition i.e. Crl.M.C. 406/2023, the petitioner has filed the present application under Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.”) seeking grant of interim relief by way of issuance of direction against the respondent for payment of arrears of maintenance due till 31.12.2022.

2. The case set out by the petitioner in the instant application is that she had filed an Application No. 4622 of 2016 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (‘PWDV Act’) before the learned Judicial Magistrate, Gautam Budh Nagar, wherein an application seeking interim maintenance had also been filed by her under Section 23 of the Act. The learned Judicial Magistrate vide order dated 10.05.2018 had directed the respondent herein to pay interim maintenance of Rs. 35,000/- (Rupees Thirty-Five Thousand Only) to the petitioner. Against the said order, appeals had been preferred by both the parties and the learned Additional Sessions Judge, Gautam Budh Nagar vide order dated 01.02.2019, had modified the order dated 10.05.2018 and had directed the respondent to pay Rs.45,000/- per month to the petitioner as well as Rs.55,000/- per month to the daughter. It is stated that till date, no maintenance amount has been paid by the respondent despite the orders passed by the learned Additional Sessions Judge except for Rs.45,000/- in favour of petitioner for 3 months in view of the direction of Hon'ble Supreme Court. It is also stated that no directions till date have been passed by the learned Trial Court in Delhi and the maintenance to the tune of Rs.52,95,000/- is due from the respondent till 31.12.2022 and the petitioner is forced to run pillar to post for seeking directions for compliance with the orders passed by the learned Additional Sessions Judge. It is also stated that petitioner has very few means of income and is also dependent on her parents for her day-to-day needs and the respondent is not paying the interim maintenance to petitioner and her daughter. It is stated that respondent earns approximately more than Rs. 10,00,000/- per month and has all the means to support the petitioner and her daughter and to pay the small sum granted by way of interim maintenance. In such circumstances, the petitioner seeks grant of interim relief by way of payment of arrears of maintenance due till 31.12.2022.

3. Mr. Gaurav Bhatia, learned senior counsel for the petitioner, submits that marriage between the parties was solemnized on 30.04.2015 and subsequently, an FIR bearing no. 34/2016 was registered on the complaint of present petitioner at Police Station Mahila Thana, Gautam Buddh Nagar, U.P. under Sections 498A/323/504 of Indian Penal Code, 1860 and Sections 3/4 of Dowry Prohibition Act, 1961. It is stated that the respondent had filed a Criminal Miscellaneous Writ Petition before the High Court of Allahabad for stay of arrest and quashing of the FIR. Pursuant to the same, on 06.05.2016, the High Court of Allahabad had passed the order by way of which the matter was referred to mediation and an order of stay of arrest of respondent was passed. However, on 22.09.2016, the High Court of Allahabad had dismissed the writ petition due to lack of merits. After this, the petitioner had preferred complaint under PWDV Act along with an application for interim maintenance, on which order was passed by learned Judicial Magistrate on 10.05.2018, and in an appeal, by learned Additional Sessions Judge on 01.02.2019. It is stated by learned senior counsel that against these orders granting interim maintenance, the respondent had preferred application bearing no. 12860/2019 under Section 482 Cr.P.C. before the High Court of Allahabad and the matter was again referred to mediation vide order dated 09.04.2019 and learned counsel for the petitioner at that time had given an undertaking that during the course of mediation, they will n