JAGEER SINGH Vs. POPIN

JUDGEMENT

(1.) THE case of the present applicant is that he was married to the respondent Smt. Popin in the year 2012. Thereafter some matrimonial dispute took place between the parties. The respondent filed an application under Section 125 Cr.P.C. before the court concerned for maintenance. The learned Additional Judge, Family Court, Roorkee, District Haridwar vide order dated 23.04.2015 awarded an amount of Rs. 5,000/ - per month as maintenance. Against the said order, the applicant preferred the present revision before this Court.

(2.) DURING the pendency of revision, some kind of settlement arrived at between the parties by which they are ready to withdraw all the cases pending before different courts in matrimonial cases. Now a joint compromise application has been moved by husband (Jageer Singh) and wife (Smt. Popin) before this Court along with an affidavit with a prayer that they want to withdraw all the cases pending before different courts. According to compromise, both the parties are ready to live separately. In terms of the compromise arrived at between the parties, husband and wife have now filed a divorce petition under Section 13B of Hindu Marriage Act before the Judge Family Court, Saharanpur. It further states that the applicant/husband is ready to give Rs. 1,10,000/ - (Rupees One lac and ten thousand only) to respondent/wife, immediately after the final decision on the application under Section 13B of Hindu Marriage Act before the court at Saharanpur.

(3.) TODAY both the husband and the wife are present before the Court, who were verified by their Advocates, namely, Mr. Tapan Singh and Mr. S.K. Shandilya respectively. Questions, relating to their compromise, were put to them. They have categorically stated that they want to resolve their disputes in view of the compromise arrived at between them. In view thereof, there is no useful purpose for continuing the criminal proceedings between the parties, particularly in view of the law laid down by the Hon'ble Apex Court in Gian Singh Vs State of Punjab and another, 2012 10 SCC 303 wherein correctness of the earlier decisions of Hon'ble Apex Court in Nikhil Merchant, 2008 9 SCC 677] and B.S. Joshi, 2003 4 SCC 675] has been reiterated. The operative portion of the judgment (Gian Singh) is reproduced as below: -