SAPNA RANI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT criminal revision was filed by the revisionists being aggrieved against the judgment and order dated 31.08.2013 passed by learned Judge, Family Court, Udham Singh Nagar, whereby application of revisionist no. 1 for grant of maintenance under Section 125 Cr.P.C. was dismissed. Present criminal revision also seeks to enhance the monthly maintenance allowance of revisionist no. 2. By way of the impugned order, respondent no. 2 was directed to pay a monthly maintenance allowance of Rs. 2000/ - to the revisionist no. 2.

(2.) LEARNED counsel for the respondent no. 2 stated that the parties have settled their disputes amicably, as is evident from the judgment dated 14.08.2014, passed by this Court in Criminal Misc. Application No. 908 of 2014, under Section 482 Cr.P.C. (titled as Mukesh Arora and another vs. State of Uttarakhand and another). It will be useful to reproduce para 2 of the said judgment herein below for reference:

(3.) A Criminal Misc. Application No. 1309 of 2014 has been filed with the prayer that the present revision may be decided in pursuance of the compromise and orders dated 21.02.2014 and 25.08.2014, passed by the Judge, Family Court, Dehradun, to secure the ends of justice. Criminal Misc. Application is supported by the affidavit 3 of respondent no.2. Annexure No. 1 (along with the Misc. Application) has been filed to indicate that the terms of settlement have been finalized. Annexure no. 2 is the copy of the order passed by learned Judge, Family Court, Udham Singh Nagar, on 21.02.2014. Thereafter, Annexure No. 3 to the Misc. Application shows that the marriage of Sapna Rani and Mukesh Arora was dissolved under Section 13 -B of the Hindu Marriage Act, 1955. It is indicated in para 2 of the judgment dated 25.08.2014 of learned Judge, Family Court, Udham Singh Nagar, that Smt. Sapna Rani (wife) will not agitate any claim regarding maintenance allowance, either for her or for her son, in future. Criminal Revision should, therefore, be decided in terms of compromise arrived at between the parties, in view of the aforesaid discussion.