- (1.) Heard learned counsel for the applicant and learned A.G.A. for the State.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 1002/9 of 2013 (Smt. Poonam Rani Vs. Abhishek and others) under the Protection of Women from Domestic Violence Act, 2005, P.S. Bilari, District Moradabad pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Moradabad as well as the order dated 26.2.2015 and impugned order dated 11.12.2015 passed by the Additional District Judge, Court No. 13, Moradabad in Criminal Appeal No. 27 of 2015, (Abhishek Chaudhary Vs. Poonam Rani and another). Further prayer has been made to stay the further proceedings of the aforesaid case.
(3.) Submission of the learned counsel for the applicant was that the concerned Magistrate illegally allowed the lump-sum amount i.e. Rs. 25,000/- to be paid by the applicant within a period of three months from the date of the order to the opposite party no. 2. The appeal filed against the said order dated 26.2.2015 was also dismissed on the basis of insufficient ground. No order could be passed for payment of lump-sum amount as interim measures. Learned counsel for the applicant referred to the provision of Section 23 of the Protection of Women from Domestic Violence Act (hereinafter referred to as the "Act 2005") and argued that statutory provisions clearly bars for payment of monthly and lump-sum amount both simultaneously.;