Vishwamitra Singh Vs the State of Jharkhand

( 2025:JHHC:27222 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 276 of 2025

Vishwamitra Singh, aged about 32 years, son of Sri Krishna Singh @ Krishna Kumar Singh, resident of H. No.105/2, Ustad Enayat Khan Avenue, Circus Avenue, P.O. & P.S. Karaya, District- Kolkata- 700017 (West Bengal) … Petitioner

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-Versus-

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The State of Jharkhand

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Arpita Kumari, W/o Vishwamitra Singh, D/o Suresh Singh, resident of Near Birsa Munda Maidan, Sindri, P.O. & P.S. Sindri, District- Dhanbad (Jharkhand) … Opposite Parties

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Sudhansu Kumar Deo, Advocate For the State : Mrs. Anuradha Sahay, A.P.P. For O.P. No.2 : Mr. Anurag Kashyap, Advocate

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05/09.09.2025 Heard Mr. Sudhansu Kumar Deo, learned counsel for the petitioner,

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Mrs. Anuradha Sahay, learned counsel for the State and Mr. Anurag Kashyap,

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learned counsel for opposite party no.2.

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2. This criminal revision petition has been preferred for setting-aside the judgment and order dated 18.09.2024 passed by the learned Additional Principal Judge, Additional Family Court-II, Dhanbad in Original Maintenance Case No.943 of 2023, whereby, the learned Court has been pleased to allow the said maintenance case filed by opposite party no.2 under Section 125 of Cr.P.C. and directed the petitioner to pay maintenance of Rs.18,000/- per month to opposite party no.2.

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3. Learned counsel for the petitioner submits that the petitioner and opposite party no.2 are husband and wife respectively and their matrimonial life was not going on in right direction and for that, dispute has taken place and, thereafter, opposite party no.2 has filed Original Maintenance

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Criminal Revision No. 276 of 2025

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( 2025:JHHC:27222 )

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Case No.943/2023 under Section 125 of Cr.P.C. He submits that now a good sense has prevailed between the parties and both have compromised the case and they have decided to start a new life and they have agreed for mutual divorce. He further submits that in view of that, joint compromise petition has been filed in the form of I.A. No.11410 of 2025. He submits that the petitioner and opposite party no.2 has already filed a mutual divorce case under Section 13-B of the Hindu Marriage Act. He submits that the parties have compromised the case for fruitful result between the parties and the petitioner is ready to pay one-time permanent alimony cum maintenance of Rs.51,78,000/- in three installments to opposite party no.2. He submits that in terms of the compromise, the petitioner has already paid Rs.1,78,000/- to opposite party no.2. He further submits that the petitioner has also paid Rs.5,00,000/- as first installment by way of demand draft dated 08.07.2025 in the name of opposite party no.2, issued by the ICICI Bank, Kolkata Branch on the date of admission of mutual divorce suit being Original Suit No.745 of 2025 on 15.07.2025. He submits that photocopy of the said demand draft is annexed at Annexure-A to the said I.A. He also submits that Rs.25,00,000/- by way of second installment has already been paid on 03.09.2025 and it has been decided that the final installment of Rs.20,00,000/- will be paid to opposite party no.2 at the time of final decree of the divorce case. He submits that in view of that, the impugned order passed under Section 125 Cr.P.C. may kindly be set-aside on the ground of mutual divorce and agreement between the parties and one-time permanent alimony decided between them.

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Criminal Revision No. 276 of 2025

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4. Learned counsel for the State submits that it appears that the compromise is there, which has been stated in the I.A., meant for joint compromise.

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5. Learned counsel for opposite party no.2 accepts the submissions of the learned counsel for the petitioner and submits that opposite party no.2 has already received the amount including two installments to the tune of Rs.31,78,000/- and opposite party no.2 has agreed to accept rest of the amount of Rs.20,00,000/- at the time of final decree of mutual divorce suit. He further submits that execution case filed by opposite party no.2 has already been withdrawn by her, which was pending before the learned Family Court, Dhanbad. He also submits that the said I.A. has been separately affidavited on behalf of the petitioner and opposite party no.2. He submits that in view of joint compromise and one-time permanent alimony decided between the parties, the impugned order can be set-aside.

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6. In view of the above and considering the submissions of the learned counsel for the parties and further looking into the contents of the I.A., meant for joint compromise, it appears that both the parties have settled the dispute and one-time permanent alimony has been decided between the parties and it has been decided to part with the matrimonial life and they have already filed mutual divorce suit in which they are taking steps for final decree. It is further well-known that when permanent alimony is decided, the proceeding under Section 125 of Cr.P.C. is not required to be continued.

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7. In that view of the matter, the judgment and order dated 18.09.2024 passed by the learned Additional Principal Judge, Additional Family Court-II, Dhanbad in Original Maintenance Case No.943 of 2023 is, hereby, set-aside.

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Criminal Revision No. 276 of 2025

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8. Accordingly, this criminal revision petition is allowed in above terms and disposed of.

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9. Pending I.A., if any, is also disposed of.

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(Sanjay Kumar Dwivedi, J.)