( 1 ) THE learned counsel appearing for the petitioner is present.

( 2 ) THIS is an application under section 401/482 of the Code of Criminal Procedure filed at the instance of Nirmal Kumar Jana, the petitioner herein, against the opposite party seeking to set aside the impugned order No. 63 dated 20th September, 1995 passed by the learned Judicial Magistrate, 1st Court, Contai in Misc. (P)2 of 1995 (T. R. No. 43/95) under section 127 of the Criminal Procedure Code.

( 3 ) THE short facts leading to the filing of this revisional application are as under: rs. 175/- per month was awarded in favour of the wife/opposite party by the learned Judicial Magistrate, Contai against the present petitioner on the basis of the application filed under section 125 of the Criminal Procedure Code by the wife/opposite party.

( 4 ) IMMEDIATELY, after passing of the aforesaid award on 27. 5. 86 both the petitioner and the wife/opposite party resolved to effect a private settlement by way of a compromise petition and on 20. 6. 86 they filed such an application effecting compromise agreeing thereby that at the behest of the well wishers the petitioner has paid of Rs. 9,000/- lump sum