In this order, the court dismissed a Criminal Petition under Section 482 CrPC as infructuous because the petitioner and respondent had already compromised and settled the matter in a Lok Adalat, which awarded permanent alimony to the wife.
Criminal Petition dismissed as infructuous; miscellaneous petitions pending stood dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE S.RAVI KUMAR
CRIMINAL PETITION NO.2591 OF 2012
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure to quash the order dated 30.11.2011 passed in Criminal Revision Petition No.8 of 2011 on the file of the V Additional Sessions Judge, Rayachoty, confirming the order dated 14.03.2011 passed in M.C.No.8 of 2007 on the file of the Principal Junior Civil Judge, Rayachoty.
Now, advocate for the petitioner represented that both parties have compromised and settled the matter in Lok Adalat Bench at Rayachoty and produced a copy of the award dated 16.02.2013.
As per the award dated 16.02.2013, husband i.e., the petitioner herein, agreed to pay a sum of Rs.3,00,000/- as permanent alimony and also paid the said amount to the second respondent herein.
In view of the above Lok Adalat settlement, the cause in this Criminal Petition does not survive.
The Criminal Petition is, accordingly, dismissed as infructuous. Miscellaneous petitions, if any, pending shall stand dismissed.
_______________ (S.RAVI KUMAR, J)
4th June 2014 RRB
1 issue framed by the court
Whether a criminal petition filed to quash a proceeding survives when the parties have settled the dispute in a Lok Adalat and the settlement includes payment of maintenance.
Husband (Petitioner)
Second Respondent
S. RAVI KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
