Citation : 2023 Latest Caselaw 1169 AP
Judgement Date : 28 February, 2023
THE HON'BLE Ms. JUSTICE B.S.BHANUMATHI
I.A.Nos.1 & 2 of 2023
in/and
Crl.R.C.No.1476 of 2018
COMMON ORDER:
The Criminal Revision Case is filed, under Sections 397 and
401 of the Code of Criminal Procedure, 1973, ('the CrPC', for short)
assailing the judgment, dated 27.02.2018, passed in M.C.No.85 of
2014 on the file of the Principal Family Court-cum-IV Additional
District & Sessions Judge, Vijayawada, whereby, the said learned
Sessions Judge, while allowing the said case in part granted
maintenance to respondents 2 & 3 herein at the rate of Rs.6,000/-
and Rs.3,000/- per month respectively.
2. Pending revision, the parties moved I.A.Nos.2 of 2023 &
I.A.No.1 of 2023 to permit the parties to enter into compromise and
to record the compromise respectively.
3. When the matter was taken up, the petitioner-husband and
the 2nd respondent-wife are present before this Court. They
produced copies of their respective identity proofs. They are also
identified by their respective counsel. When examined, they stated
that they amicably settled the matter and that in pursuance of the
said settlement, the petitioner-husband paid an amount of
Rs.5,00,000/- each to respondents 2 & 3 towards full and final 2 BSB, J Crl.R.C.No.1476 of 2018
settlement of their claims in M.C.No.85 of 2014, F.C.O.P.No.76 of
2018 and D.V.C.No.80 of 2015.
4. The terms of the compromise read as under:
"I. Both the petitioner and the 2nd respondent are withdrawing the allegations made against each other.
II. That the petitioner paid an amount of Rs.5,00,000/- to the 2nd respondent by way of demand draft bearing No.61748 drawn on State Bank of India, Sri Ramnagar, Eluru towards full and final settlement of her maintenance, permanent alimony, compensation and other reliefs granted in DVC case and maintenance cases and an amount of Rs.5,00,000/- to the 3 rd respondent, Tokuri Lasya Priya, by way of demand draft bearing No.617497, drawn on State Bank of India, Sri Ramnagar, Eluru towards their daughter full and final settlement of her maintenance and that their claims in the maintenance case in M.C.No.85/2014, F.C.O.P.No.76/2018 and DVC No.80/2015 are fully satisfied.
III. The 2nd respondent have no other claims against the petitioner.
IV. Both the petitioner and the 2nd respondent are agreed each other for not to file any kind of cases against each other.
V. Both the petitioner and the 2nd respondent are agreed each other to compromise the cases in Crl.R.C.No.1476 of 2018 and F.C.A.No.491 of 2018 filed before this Hon'ble Court."
5. The terms of compromise are reduced into writing in the form
of joint memo, which is signed by the parties and their counsel.
They asserted the terms of the compromise and stated that they 3 BSB, J Crl.R.C.No.1476 of 2018
have voluntarily and willingly entered into compromise without any
force or pressure from any quarter.
6. In the above circumstances, I.A.Nos.1 & 2 of 2023 are
allowed and the petitioner and the 2nd respondent-wife are
permitted to compound the offence.
7. In the result, the judgment, dated 27.02.2018, passed in
M.C.No.85 of 2014 on the file of the Principal Family Court-cum-IV
Additional District & Sessions Judge, Vijayawada, is set aside and
the Criminal Revision Case is disposed of, in terms of the
compromise.
The Joint Memo filed by the parties shall form part of this
order.
Miscellaneous petitions pending, if any, shall stand closed.
_________________ B. S.BHANUMATHI, J
28.02.2023 RAR
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