Court No. - 82

Case :- CRIMINAL REVISION No. - 935 of 2022

Revisionist :- Smt. Preeti Gautam

Opposite Party :- State Of U.P.And Another

Counsel for Revisionist :- Ram Tiwari

Counsel for Opposite Party :- G.A.,Abhishek

Tripathi,Sarveshwari Prasad

Hon'ble Brij Raj Singh,J.

Sri Sarveshwari Prasad, learned counsel for opposite party no.2

has filed supplementary affidavit, which is taken on record.

Heard Sri Abhishek Kesarwani, Advocate holding brief of Sri

Ram Tiwari, learned counsel for the revisionist and learned

A.G.A. for the State - opposite party.

The present revision has been filed with a prayer to allow this

revision and modify the impugned order dated 29.09.2021

passed by Principal Judge, Family Court, Sambhal at Chandausi

in Case No.293 of 2020 (Smt. Preeti Gautam Vs. Dipendra

Gautam) by which maintenance has been partly allowed and

directed to opposite party no.2 to make payment of Rs.5,000/-

per month from passing of the impugned order dated

29.09.2021 to the revisionist (wife) and enhanced the

maintenance amount and directed to opposite party no.2 to

make payment from the date of application under Section 125

Cr.P.C.

Learned counsel for opposite party no.2 submits that the parties

have amicably compromised their dispute and in respect

thereof, he has annexed a compromise deed endorsed as

Annexure - 6 to the supplementary affidavit, therefore, the

aforesaid case may be decided in terms of the compromise

between the parties.

Whether the parties have, in fact, compromised the matter or

not, can best be ascertained by the court below as such

compromise has to be duly verified in presence of the parties

before the court concerned.

Both the parties are directed to appear before the concerned

court below on 18.08.2022 and file their comprise application.

The court below is directed to pass an order on the said

compromise application and all formalities completed within

eight weeks from that date. The concerned Magistrate will sent

a report to this Court whether the said compromise took place

or not.

Accordingly, the present application stands disposed of with a

direction to the court concerned that if any such compromise is

filed before it, it shall issue notices to all the signatories to the

compromise requiring their personal presence and, thereafter,

proceed to verify the compromise. If the aforesaid compromise

is verified, a report to that effect shall be prepared by the court

and the compromise will be made part of the record. The court

in that scenario will allow the parties to obtain certified copy of

the report as well as compromise and it will be open to the

revisionist to approach this Court again for quashing of the

proceedings.

For a period of three months, no coercive action shall be taken

against the revisionist in the aforesaid case.

Order Date :- 5.8.2022

Atul

Digitally signed by ATUL KUMAR

SRIVASTAVA

Date: 2022.08.06 17:44:48 IST

Reason:

Location: High Court of Judicature at

Allahabad