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2020 Supreme(Jhk) 60

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Shree Chandrashekhar, J.
Guddu Choudhary @ Govind Choudhary S/o Tibhu Choudhary @ Jhalo Choudhary - Petitioner
Versus
The State of Jharkhand & Ors. - Opposite Parties
Criminal Revision No. 338 of 2016
Decided On : 14-02-2020

Advocates Appeared:
For the Petitioner:Mr. Nilesh Kumar, Advocate, Mr. Avishek Prasad, Advocate
For the Opposite Parties :Mrs. Amrita Kumari, A.P.P., Mr. Navin Kumar, Advocate

Headnote:

Criminal Procedure Code, 1973 - Section 125 - Award of monthly maintenance of Rs.5,000/-to wife - Parties have settled their dispute among themselves and petitioner has agreed to pay Rs.3.20 Lac to his wife as full and final settlement - Petitioner who has filed compromise petition, directed to comply with and honour compromise between parties. (Paras 3 and 6)

JUDGMENT :

The petitioner has challenged the order dated 01.03.2016 passed in E.P.P No. 06 of 2014 which was filed in Misc. Case No. 35 of 2011. By this order the petitioner has been directed to pay Rs. 5000/-per month from the date of the petition to his wife.

2. Vide, I.A No. 2235 of 2018 parties have filed a compromise petition. This interlocutory application has been supported by affidavit of both the parties.

3. In this application it is stated that the parties have settled their dispute among themselves and the petitioner has agreed to pay Rs.3.20 Lac to his wife as full and final settlement. There are certain terms indicated in this application.

4. Mr. Navin Kumar, the learned counsel for O.P No. 2 has raised an apprehension about intention of the petitioner as only Rs. 20,000/- has been paid by him to O.P No. 2 till date.

5. Mr. Nilesh Kumar, the learned counsel for the petitioner, however, referring to the supplementary affidavit dated 20.11.2019 submits that the petitioner has already prepared a demand draft for Rs. 2 Lacs in favour of O.P No. 2, a copy of which has been annexed vide Annexure-A to the supplementary affidavit and the balance amount shall be paid within the stipulated time.

6. In view of the aforesaid facts, this criminal revision petition stands disposed of with a direction to the petitioner, who has filed a compromise petition, to comply with and honour the compromise between the parties, the terms of which are recorded in I.A No. 2235 of 2018, failing which he shall be liable to pay Rs. 5000/-per month to O.P No. 2, as ordered by the Principal Judge, Family Court, Garhwa.

7. I.A No. 2691 of 2016 is disposed of. I.A No. 2235 of 2018 stands allowed.

8. Let the lower court records be sent to the court concerned forthwith.

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