SUDHIR KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 482, Cr.P.C. with a prayer to quash the pending proceedings under Section 125, Code of Criminal Procedure in the Court of Munsiff and Judicial Magistrate Baman was. The necessary facts leading to the present petition may be narrated, in brief, as under : -

(2.) IT was contended by Mr. Gupta, learned Counsel for the petitioner, that after having paid a gross sum of Rs. 55,000/ - towards maintenance to the wife under Section 25 of the Hindu Marriage Act, the present petition under Section 125, Cr.P.C. does not survive. Learned Counsel contended that order of the Civil Court has an over -riding effect on the proceedings under Section 125, Cr.P.C. which is of summary nature. Mr. Gupta also pointed out that approach of the learned Magistrate in rejecting the prayer for dropping the proceedings under Section 125, Cr. P.C. is erroneous when he observed that the petitioner should not have paid Rs. 55,000/ - to the wife as gross sum towards maintenance without prior withdrawal of the petition Under Section 125, Cr. P.C. pending in the Court of the learned Magistrate.

(3.) THE above section makes it clear that a gross sum towards permanent alimony and maintenance can be paid to the wife and if any party wants any change in the order he/she can approach to the concerned Court as provided in Sub -section (2) and Sub -section (3) empowers the Court to partly vary, modify or rescind any such order.