Jharkhand High Court
Vishwamitra Singh vs The State Of Jharkhand on 9 September, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 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
-Versus-
1. The State of Jharkhand
2. 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,
Mrs. Anuradha Sahay, learned counsel for the State and Mr. Anurag Kashyap,
learned counsel for opposite party no.2.
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.
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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( 2025:JHHC:27222 )
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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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.
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.
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.
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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8. Accordingly, this criminal revision petition is allowed in above terms
and disposed of.
9. Pending I.A., if any, is also disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
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