MOHAMMAD YAMEEN Vs. SHAMIM BANO

JUDGEMENT

(1.) By this petition under section 482 Criminal Procedure Code the applicant has prayed for quashing the orders dated 16.8.1979 (Annexure I) passed by Sri Bahoran Singh, Munsif-Magistrate, Meerut in Criminal Case No. 222 of 1978 under section 125 Criminal Procedure Code and alleged order dated 23.4.1980 {Annexure 4) passed by the learned III Additional Sessions Judge, Meerut in Criminal Revision No. 292 of 1979. It is further prayed that recovery proceedings in case of Mohammad Yameen v. Smt. Shamim Bano under section 127 Criminal Procedure Code pending in the court of the VI Additional Munsif Magistrate, Meerut be stayed during the pendency of this application. It is important to note that copy of the final order dated 1.5.1980 passed by the learned Sessions Judge, allowing the revision in favour of the applicant is neither attached with this application nor there is any prayer to quash it.

(2.) Brief facts of the case are that the opposite party No. 1 Smt. Shamim Bano wife of the applicant filed an application under section 125 Criminal Procedure Code against the applicant in the court of the Judicial Magistrate City, Meerut on 21.4.1978, which was allowed on 16.8.1979 and Smt. Shamim Bano was granted maintenance allowance at the rate of Rs. 100/-per month since 21.41978. The applicant preferred a revision against the aforesaid order, which was allowed in bis favour in terms of compromise between the parties (paper No. 8-Ka) on the statements made on their behalf by their respective counsel in presence of their clients, who had seen and signed on the order sheet of Sessions Judge dated 23.4.80 of Criminal Revision No. 292 of 1979 wherein the following order was passed: 23.4.80: Aj yah nigrani pesh hui. Pakshkar apne.apne vakilon sahit hajir aye. Vakla farikain ka bayan 8-ka likba gaya. Adesh 1.5.80 ko sunaya jayaga. Sd. Shamim Baho Sd. Mohd. Yameen. Sd. Illegible III AddI. Sessions Judge.'

(3.) For the sake of convenience the terms of the compromise (paper No. 8-Ka) dated 23.4.1980 are also reproduced: Crt. Rev. 292/79, Mohd. Yameen-Smt Shamim Bano: Vakla farikain ne bayan kiya ki Sri Mohd. Yameen, Smt. Shamim Bano ki uski darkhast dhara 125 ki tithi 21.4.78 se 20.4..80 tak ka kul mutalba jo 75/-prati mah ke hisab se Rs 1800/- bota hai, ko Rs. 75/-mahwar pichhle wa Rs. 75/-mahwar agami 21.4.80 ae yani Rs. 150/-mahwar ada karega. Pichhla Rs. 1800/-ada hone ke bad phir agami Rs. 75/-mahwar ke hisab se ada karta rahega jab tak dhara 127 Criminal Procedure Code koi adesh Nyayalay ka ho, pahli kisht 21.5.80 tak ada hogi aur agami isi prakar har mahine ki 21 tarikh tak ki3hten ada hua karengi. Sd. Illegible for applicant Mohd. Yameen 23.4.80. Sd. Shamim Bano Identified Sd. Illegible 23.4.80 Sd. Illegible III AddI. Sessions Judge, 23.4.80.