Disposed¶13

Dr. Vibhu Pratap Raghubanshi v. State of U.P. and Another

Allahabad HC6 Oct 2023CRLR/633/2022

Case brief

AI extract

What is this about?

Allahabad High Court; Criminal Revision No. 633 of 2022; Dr. Vibhu Pratap Raghubanshi v. State of U.P. and Another; Section 125 Cr.P.C. maintenance; Family Court Bijnore; Case No.554 of 2019; order dated 3.1.2022; Rs.11,000/- per month maintenance; compromise/mutual settlement during pendency; Rs.20 lacs settlement; Rs.10 lacs demand draft paid in Court; withdrawal of cases; disposal of revision in terms of compromise; interim order discharged; Ram Manohar Narayan Mishra, J.; Order Date 6.10.2023.

What did the court decide?

Criminal revision disposed of in terms of the mutual settlement/compromise between the parties; interim order stands discharged; parties relegated to the court below to move appropriate applications for withdrawal of the case(s), to be decided in terms of the compromise as expeditiously as possible. ¶13

Dr. Vibhu Pratap Raghubanshi Vs State of U.P. and… — Maintenance and Alimony | Allahabad HC (2023)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal revision against the maintenance order dated 3.1.2022 could be disposed of in terms of the compromise/mutual settlement arrived at between the parties during its pendency.

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Court's answer

Since no dispute remains between the parties with regard to the maintenance case and the impugned order passed therein, the present revision stands disposed of as per the mutual settlement reached between the parties.

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Ratio / Principle

The parties are relegated to the court below to appear and move appropriate application for withdrawing the case, and the court below will decide the matter in terms of the compromise as expeditiously as possible.

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Detailed headnote1 paragraphs

Criminal Revision No. 633 of 2022 (High Court of Judicature at Allahabad, Ram Manohar Narayan Mishra, J., Order Date 6.10.2023) challenged the order dated 3.1.2022 of the Additional Principal Judge, Family Court, Bijnore, in Case No.554 of 2019 under Section 125 Cr.P.C., directing the revisionist to pay Rs.11,000/- per month as maintenance to opposite party No.2 from 15.7.2019. During pendency, the parties entered into a compromise recorded in a joint affidavit: the revisionist to pay Rs.20 lacs to opposite party No.2, of which Rs.10 lacs was paid through demand draft received in Court, and the remaining Rs.10 lacs to be paid through demand draft after withdrawal of the respective cases filed by the parties and their family members. As no dispute remained, the revision was disposed of as per the mutual settlement; the parties were relegated to the court below to move appropriate applications for withdrawal of the case, to be decided in terms of the compromise as expeditiously as possible; interim order stood discharged.

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Neutral Citation No. - 2023:AHC:193066

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Court No. - 50

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Case :- CRIMINAL REVISION No. - 633 of 2022

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Revisionist :- Dr. Vibhu Pratap Raghubanshi Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rama Goel Bansal,Amber Khanna,Raj Kumar Khanna,Shalini Goel Counsel for Opposite Party :- G.A.,P.H. Vashishtha

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Hon'ble Ram Manohar Narayan Mishra,J.

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A joint affidavit filed by the parties today, wherein terms of the compromise are incorporated, is taken on record.

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Heard learned counsel for the revisionist, learned counsel for the opposite party No.2, learned AGA for the State and perused the material placed on record.

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Instant criminal revision has been preferred against the order dated 3.1.2022, passed by Additional Principal Judge, Family Court, Bijnore, in Case No.554 of 2019, under Section 125 Cr.P.C., whereby the revisionist has been directed to pay Rs.11,000/-, per month as maintenance to opposite party No.2 from the date of filing of application i.e. 15.7.2019.

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Learned counsel appearing for the parties submitted that a compromise has been entered between the parties during pendency of present revision as the dispute relates to matrimonial discord between the parties. The learned court below has awarded maintenance to the tune of Rs.11,000/- per month to the original applicant from the date of filing of application on monthly basis which is directed to be paid by the revisionist.

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It has been accorded between the parties that the revisionist will pay Rs.20 lacs to opposite party No.2, out of which Rs.10 lacs is being paid through DD and the remaining Rs.10 lacs will be paid through demand draft after withdrawal of respective cases filed by them as well as their family members against the other sides before the court below in terms of the compromise.

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In terms of the compromise, the opposite party No.2, who is present before the court has received a demand draft of Rs.10 lacs before the Court from the revisionist.

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Learned counsel for the opposite party No.2 submitted that the present revision may be disposed of, accordingly.

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As no dispute remains between the parties with regard to maintenance case filed by the applicant/opposite party No.2 herein and impugned order passed therein, the present revision stands disposed of, accordingly, as per mutual settlement reached between the parties.

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The parties are relegated to court below to appear and move appropriate application before the court for withdrawing the case and court below will decide the matter in terms of the compromise as expeditiously as possible.

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Interim order stands discharged.

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Order Date :- 6.10.2023 Kamarjahan

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Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad

Dr. Vibhu Pratap Raghubanshi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dr. Vibhu Pratap Raghubanshi v. State of U.P. and Another

Case brief

What is this about?

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Why is it important?

What the court decided

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