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2014 Supreme(MP) 1136

N.K.GUPTA
Changu Baiga – Appellant
Versus
Gupta Bai Baiga – Respondent


Advocates Appeared:
For the Petitioner:Ad.Mishra, Manoj Singh, P.Tiwari, Rs.Maindiratta, Advocate.
For the Respondent:Manoj Dwivedi, Rajneesh Tripathi(1), Advocate.

JUDGMENT

       1.Heard on admission.

2. The applicant has challenged the order dated 4.3.2006 passed by the JMFC, Umariya in MJC No. 243 of 2005 in which the application under Section 127 of the Cr.P.C. filed by the applicant was dismissed.

3. The facts of the case in short are that the respondent had filed a maintenance application, which was registered as MJC No. 34 of 2003. On 14.7.2004, the learned Chief Judicial Magistrate, Umariya has granted the maintenance of Rs. 400/- to the respondent on the basis of compromise.

4. Thereafter, on 22.9.2005 the applicant moved an application under Section 127 of the Cr.P.C. which was dismissed by the learned JMFC, Umariya being barred by limitation.

5. After considering the submissions made by learned counsel for the applicant, it would be apparent that the applicant entered into the contract of compromise and therefore, the maintenance order passed by the learned Chief Judicial Magistrate, Umaraiya. If the compromise took place due to any threat or misrepresentation then, the applicant had an opportunity to knock the doors of the revisionary Court or the higher Courts. It appears that the applicant kept silent for almost 14 months and therefo




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