Ankit Gupta vs State Of Uttarakhand And Others
2023 Latest Caselaw 3115 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

     THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     12TH OCTOBER, 2023

              CRIMINAL REVISION NO.83 OF 2020


Ankit Gupta                                     .....Revisionist

                         Versus

State of Uttarakhand and Others               .....Respondents



Counsel for the Revisionist   :   Mr. Piyush Garg, Advocate


Counsel for the Respondent    :   Mr. Dheeraj Joshi, Advocate
Nos.2 & 3                         holding brief of Mr.
                                  Abhishek Verma, Advocate.


Hon'ble Alok Kumar Verma,J.

Present Criminal Revision has been filed challenging

the judgment dated 23.10.2019, passed by learned Judge,

Family Court, Haridwar in Criminal Case No.78 of 2018, "Smt.

Priyanka Gupta and Another vs. Ankit Gupta", by which, the

learned Judge has directed the revisionist to pay Rs.40,000/-

(Forty thousand) per month to his wife, respondent no.2 and

Rs.10,000/- (Ten thousand) per month to his minor son under

Section 125 of the Code of Criminal Procedure, 1973.

2. Both, Revisionist-Ankit Gupta and respondent no.2-

Smt. Priyanka Gupta are present through video conferencing.

3. Mr. Piyush Garg, learned counsel for the revisionist

and Mr. Dheeraj Joshi, learned counsel holding brief of Mr.

Abhishek Verma, learned counsel for the respondent nos.2 & 3.

4. Revisionist and respondent no.2 are identified by

their learned counsel.

5. Revisionist and respondent no.2 submit that they

have resolved their disputes and after resolving their disputes,

they filed an Application under Section 13B of the Hindu

Marriage Act, 1955 before the court concerned (Matrimonial

Petition No.500 of 2023) and in the present matter, they have

filed a Compromise (Misc. Application No.388 of 2023).

6. Both, the revisionist and respondent no.2 submit that

they have agreed that the revisionist shall pay a sum of Rs.35

Lakhs (Thirty Five Lakhs) to the respondent no.2 as permanent

alimony in the petition, filed under Section 13B of the Hindu

Marriage Act, 1955, and, all the cases pending between the

parties, shall be withdrawn. It is also agreed between the

parties that the custody of the son will remain with the

revisionist-husband and respondent no.2-wife shall have

visitation rights.

7. Both, the revisionist and respondent no.2 further

submit that they have filed the said compromise along with

affidavits with their free will and without any pressure.

8. Both, the revisionist and respondent no.2 have

requested to decide the present criminal revision in terms of

the compromise.

9. Consequently, With the consent of both the parties,

impugned judgment dated 23.10.2019, passed in the said

Criminal Case No.78 of 2018, is set aside. Present Criminal

Revision (CRLR No.83 of 2020) is disposed of in terms of

compromise (Misc. Application No.388 of 2023). The said

Compromise shall form part of this order.

___________________ ALOK KUMAR VERMA, J.

Dt: 12.10.2023 JKJ/Pant