MIR HUSSAIN JUSAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr.H.L. Jani, learned Additional Public Prosecutor, waives service of notice of Rule for respondent No.1- State and Mr.Pramal Rachh, learned counsel, waives service of notice of Rule for respondent No.2.

(2.) BY way of present revision application, filed under Section 397 read with Section 401 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside the order dated 31 st January, 2011 passed by the learned 4th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Jamnagar in Criminal Miscellaneous Application No.250 of 2006.

(3.) THEREAFTER as the settlement was arrived at between applicant and the respondent No.2 and the applicant had paid life time maintenance amount to the respondent No.2-wife, in 1992 the applicant-husband had filed Criminal Miscellaneous Application No.1422 of 1992 under Section 127 of the Code of Criminal Procedure for cancellation of order of maintenance. The said application was allowed by the learned 2 nd Joint Judicial Magistrate First Class, Jamnagar vide order dated 16th February, 1993 and cancelled the earlier order dated 14th July, 1992 passed in Criminal Miscellaneous Application No.1135 of 1987.