Revision against a Family Court order directing maintenance payment dismissed as infructuous because the parties had reached a compromise verified and accepted by the Family Court in the underlying proceeding.
Revision dismissed as infructuous on the footing of the compromise between parties.
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Neutral Citation No. - 2024:AHC-LKO:73404
Court No. - 28
Case :- CRIMINAL REVISION No. - 564 of 2022 Revisionist :- Taj Mohammad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Revisionist :- Dinesh Kumar Srivastava,Ranjeet Singh Counsel for Opposite Party :- G.A.,Ramakar Shukla,Subodh Kumar Pandey
Hon'ble Brij Raj Singh,J.
Heard learned counsel for the revisionist, learned A.G.A. for the State, Shri Subodh Kumar Pandey, learned counsel for opposite party no. 2 and perused the record.
The present revision has been preferred with a prayer to set aside the order dated 16.04.2022 passed by Principal Judge, Family Court, Bahraich in Case No. 656/11 of 2020 (Noor Jahan Vs. Taj Mohammad) under Section 125 Cr.P.C., whereby direction has been issued to the revisionist to pay the maintenance amount of Rs.2,000/- to opposite party no. 2 from the date of the order regularly.
Learned counsel for the revisionist has pointed out that both the parties have entered into compromise, which documents have been placed on record along with supplementary affidavit filed on 06.02.2023 wherein it has been mentioned that the Family Court has verified and accepted the compromise of both the parties and passed the order on 15.12.2022.
Learned counsel for the opposite party no.2 has admitted that the compromise has been entered into between the parties and the same has been verified and accepted.
Considering the fact that the compromise between the parties has been entered into which is on record and the matter has been resolved, as also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of above mentioned case, the revision has become infructuous.
Accordingly, it is dismissed as infructuous.
Order Date :- 6.11.2024 Pks
Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a revision for quashing maintenance proceedings is maintainable in light of an on-record compromise between the parties?
Taj Mohammad
State Of U.P.
Noor Jahan
Brij Raj Singh
As recorded by the court registry
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