IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON’BLE SHRI JUSTICE RAMKUMAR CHOUBEY ON THE 28^th OF OCTOBER, 2025 CRIMINAL REVISION NO.3413/2021 PRADEEP MODI VS.

MANJULATA JAIN & ANOTHER ------------------------------------------------------------------------------------------

Appearance:

Petitioner by Shri Amit Khatri, Advocate.

Respondents by Shri Ankit Saxena, Advocate.

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ORDER

Heard finally.

2. This revision petition has been filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973 (for brevity “Cr.P.C.”) by the petitioner assailing the order dated 24.09.2021 passed by learned Principal Judge, Family Court, Bhopal in M.Cr.C. No.797/2014 thereby allowed the respondents’ application filed under Section 151 of Code of Civil Procedure, 1908 (for brevity “CPC”).

3. Factual matrix of the case, leading to the present revision petition is that the Family Court, Bhopal vide order dated 01.11.2014 had directed the petitioner to pay Rs.10,000/- per month to respondent No.1 and Rs.7,000/- per month to respondent No.2 as maintenance amount under the provisions of Section 125 of CrPC.

3.1 Respondent No.1 filed an application for execution of the order dated 01.11.2014, wherein, the learned Family Court issued warrant of arrest against the petitioner and the petitioner was produced before the learned Family Court on 07.01.2018. Respondent No.1 filed an application before the learned Family Court on 08.01.2018 stating that she has received the maintenance amount and she has requested to release the petitioner. Considering the application filed by the respondent No.1, the Family Court has released the petitioner.

3.2 On 08.05.2018, respondent No.1 filed an application under Section 151 of CPC stating that the petitioner had paid only Rs.50,000/- out of outstanding arrears of maintenance amount on 07.01.2018. The learned Family Court vide order dated 08.05.2018 directed the petitioner to deposit Rs.2,55,000/- as arrears of maintenance. The petitioner had challenged the said order by filing a Criminal Revision No.2868/2018 before this Court and the Coordinate Bench vide order dated 23.07.2019 set aside the order dated 08.05.2018 and directed the Family Court to decide the application Section 151 CPC after providing opportunity to both the parties to lead evidence and also directed the petitioner to pay monthly maintenance regularly to the respondents as fixed by the Family Court vide order dated 01.11.2014.

3.3 Learned Family Court in compliance of the order dated 23.07.2019 of this Court, again enquired the matter and decided the application under Section 151 of CPC vide order dated 24.09.2021 and concluded that the petitioner had not paid full arrears of maintenance amount on 07.01.2018, but paid only Rs.50,000/- to the respondents and also found that the petitioner has paid the balance amount of Rs.2.55 Lakh by way of a cheque subsequently. Respondent No.1 was also directed to submit details about payment of maintenance amount.

Hence, this revision.

4. Learned counsel for the petitioner sanguinely submits that the application under Section 151 of CPC is not maintainable in a proceedings under Section 125 of Cr.P.C. being a criminal matter. He further submits that since respondent No.1 had filed an application before the court stating that she had received the maintenance amount and same shall be considered as the acknowledgment of payment of maintenance amount, therefore, the learned Family Court has failed to appreciate the evidence on record. Thus, as per the learned counsel, the impugned order is liable to be set aside.

5. Combating the submissions, learned counsel for the respondents submits that sheer wrong mentioning of the provision of law would not make the application not maintainable. He further submits that the learned Family Court has inquired the matter in compliance of