SANTOSH KUMAR Vs. GAYATRI KUMARI (SINGH)

JUDGEMENT

(1.) Heard learned counsel for the appellant and respondent.

(2.) Appellant is present in person. However, counsel for the respondent-wife submits that respondent had come on 12th March, 2018 and had signed the joint compromise petition with the appellanthusband, but had to go back yesterday suddenly as her father, who is quite old, has became ill. She further submits that in view of the joint compromise petition containing the terms and conditions of their settlement, the marriage can be dissolved. Respondent shall move learned Court at Jamshedpur for dropping/withdrawal of criminal prosecution under C1 Case No. 1857 of 2010 instituted by her against the appellant and his family members. Criminal Revision no. 497 of 2015 filed before this Court for enhancement of maintenance amount has already been dismissed for default on 20th Feb., 2018.

(3.) Learned counsel for the appellant submits that three Cheques bearing nos. 379719 dated 14.02018 for Rs. 12,50,000.00, 379720 dated 06.04.2018 for Rs. 12,50,000.00 , 379721 dated 14.02018 for Rs. 18,000.00 payable in the name of wife drawn at S.B.I. are ready to be handed over to learned counsel for the respondent in terms of compromise. These three cheques are being handed over to learned counsel for the respondent, who acknowledges receipt thereof. Out of three cheques two cheques bearing nos. 37919 dated 14.02018 and 37920 dated 06.04.2018 are for payment of amount of Rs. 25 lakhs towards permanent alimony while third cheque bearing no. 379721 dated 14.02018 is in relation to payment of arrears of maintenance since Sept., 2017 till Feb., 2018. Family member of the appellant had moved before this Court in Cr. M. P. No. 872 of 2014 against the prosecution launched by the respondent-wife in C1 Case No. 1857 of 2010. In view of the undertaking of the respondent that she would withdraw the criminal prosecution in connection with the said case, Cr. M. P. would be rendered infructuous and would be accordingly withdrawn. The marriage between the parties may therefore be dissolved in terms of the compromise.