Citation : 2025 Latest Caselaw 3871 Jhar
Judgement Date : 12 June, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1228 of 2022
....
Ramkrishna Mahato @ Ram Krishna Mahato, aged about 36
years, Son of Jawaharlal Mahato @ Jawahar Lal Mahato,
resident of Netotiril, P.O. & P.S.- Rajnagar, District- Seraikella-
Kharsawan, State- Jharkhand, presently residing at Q. No. -B-
21, Budhijam Colony, PO-Orient, PS.- Orient Thana, District-
Jharsugora, State- Odhisha (Orissa) ...... Petitioner
Versus
1. The State of Jharkhand
2. Rumi Kumari Mahato @ Rumi Mahato, wife of Ramkrishna
Mahato @ Ram Krishna Mahato daughter of Tarapado Mahato,
resident of Netotiril, P.O. & P.S.- Rajnagar, District- Seraikella-
Kharsawan, State- Jharkhand, presently residing at
Umeshnagar, PO- Bhadudih, PS- Chandil, District- Seraikella-
Kharsawan, State -Jharkhand ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Sourav Kumar, Advocate
For the State : Mr. Saket Kumar, A. P. P.
For the O. P. No. 2 : Md. Parwez Ahmed Khan, Advocate
.....
ORAL ORDER IN COURT
05/12.06.2025 The present Criminal Revision No. 1228 of 2022 has been filed on behalf of the petitioner challenging the order dated 12.10.2022 passed by Sri Rajkamal Mishra, learned Principal Judge, Family Court, Seraikella-Kharsawan in Original Maintenance Case No. 17 of 2019 by which the petition filed under Section 125 of the Cr. P.C. by the opposite party no. 2 has been allowed and direction has been given to the petitioner to pay Rs. 14,000/- per month to the opposite party no. 2- wife namely Rumi Kumari Mahato @ Rumi Mahato as maintenance from the date of filing of an application.
2. I. A. No. 6344 of 2025 has been filed on 07.05.2025 on behalf of both the sides by way of a joint compromise application.
3. Heard learned counsel for the petitioner and learned
counsel for the State and learned counsel for the opposite party no. 2.
4. It is submitted by the learned counsel for the petitioner that I. A. No. 6344 of 2025 has been filed on behalf of both the sides by way of a joint compromise application. It is further submitted that the case has been compromised between the petitioner and the opposite party no. 2 and there is no dispute and hence, I. A. No. 6344 of 2025 may be allowed and the Criminal Revision No. 1228 of 2022 may be disposed of on the said compromise.
5. On the other hand, no objection has been raised by the learned counsel for the State.
6. Md. Parwez Ahmed Khan, learned counsel for the O. P. No. 2 also raised no objection and has submitted that the case has been compromised between the parties and also admitted the factum of compromise between the petitioner and the O. P. No. 2. It is further submitted that opposite party no. 2 has no grievance against the petitioner and hence, appropriate order may be passed.
7. Heard learned counsel for the petitioner and learned counsel for the State and learned counsel for the opposite party no. 2 and perused the I. A. No. 6344 of 2025.
8. Para- 2 to 7 of the I. A. No. 6344 of 2025, filed on behalf of the petitioner and the opposite party no. 2, read as follows:-
"Para-2:- That it is humbly stated that the parties hereto have quite sensibly thought over the issue of future prospects including both impact and benefits and have arrived on conclusion that it would be better that the petitioner and opposite party no. 2 may get settled the dispute.
Para-3:- That it is humbly stated and submitted that during pendency of this case, the informant/Opposite Party No. 2 as well as petitioners have entered into a compromise on the intervention of well wishers and close relatives and, they have compromised the matter among themselves and they does not want to proceed with cases against each other. Para-4:- That it is humbly stated and submitted that the petitioner has agreed to make a payment of a total sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs) to the opposite party no. 2 (Rumi Kumari Mahato @ Rumi Mahato) towards her lifetime maintenance.
Para-5:-That the parties in order to bring an end to the litigation between the parties have agreed to compromise the matter as there is no dispute between them.
Para-6:- That accordingly, the instant interlocutory application for joint compromise is being filed by the petitioner and the opposite party no. 2 and making a joint prayer that appropriate order.
Para-7:- That custody of their daughter is remain with the First Part and Second Party will never claim the custody of the daughter in future and it is further agreed by the Opp,. Party No 2, that Opp. Party No. 2 will bear all the educational expenses of the daughter till the completion of her major age."
9. It transpires from the record that vide order dated 12.10.2022 passed by Sri Rajkamal Mishra, learned Principal Judge, Family Court, Seraikella-Kharsawan in Original Maintenance Case No. 17 of 2019, the petitioner has been directed to pay Rs. 14,000/- per month to the opposite party no. 2- wife namely Rumi Kumari Mahato @ Rumi Mahato as maintenance from the date of filing of an application.
10. It also transpires that the case has been compromised between the petitioner and the opposite party no. 2 and a joint compromise petition has been filed by way of I. A. No. 6344 of 2025.
11. In view of the above fact and in the light of the joint compromise petition filed by way of I. A. No. 6344 of 2025, the order dated 12.10.2022 passed by Sri Rajkamal Mishra, learned Principal Judge, Family Court, Seraikella-Kharsawan in Original Maintenance Case No. 17 of 2019 is modified to the extent that instead of paying maintenance amount of Rs. 14,000/- per month to the opposite party no. 2- wife namely Rumi Kumari Mahato @ Rumi Mahato as maintenance from the date of filing of an application, the petitioner has already paid Rs. 15,00,000/- (Rupees Fifteen Lakh) to the opposite party no. 2 as one time settlement in view of the compromise entered into between both the sides and the petitioner is not required to pay now further an amount of Rs. 14,000/- per month to the opposite party no. 2 in light of the final settlement between the petitioner and the opposite part no. 2.
12. However, it will be desirable that the petitioner can also bear the expenses of their daughter till she attains her majority in light of the judgment of the Hon'ble Supreme Court in the case of Rajneesh Vs. Neha and Another reported in 2021 (2) SCC
324.
13. Accordingly, the Criminal Revision No. 1228 of 2022 is allowed in terms of the compromise entered between the parties and stands disposed of.
14. I. A. No. 6344 of 2025 is also allowed and stands disposed of.
(Sanjay Prasad, J.) Kamlesh/
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