Shrimati Chitralekha Kanwar v. Anand Rameshwar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 641 of 2021 • Shrimati Chitralekha Kanwar, W/o Anand Rameshwar Kanwar, aged about 28 years, R/o Naya Risda, Bhadrapara, Balco Nagar, Tahsil & District Korba, Chhattisgarh ---- Petitioner

Versus

1. Anand Rameshwar, S/o Nohar Lal Kanwar, aged about 32 years, R/o Madwadoda, Tahsil Katghora, District Korba, Chhattisgarh

2. Nohar Lal Kanwar, S/o Late Ram Singh Kanwar, aged about 56 years, R/o Madwadoda, Tahsil Katghora, District Korba, Chhattisgarh

3. Shrimati Sumitra Kanwar, W/o Nohar Lal Kanwar, aged about 52 years, R/o Madwadoda, Tahsil Katghora, District Korba, Chhattisgarh ---- Respondents For Petitioner :

Shri Madhunisha Singh, Advocate For Respondents :

Smt. Naushina Afrin Ali, Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 26.11.2021

1. Heard on admission.

2. The present revision petition under Section 397 of Cr.P.C. has been filed by the petitioner against the judgment dated 24.08.2021 passed by the Additional Sessions Judge (FTC), Korba, District Korba (C.G.) in Criminal Appeal Case No. 07/2021, whereby the Appellate Court has dismissed the appeal preferred by the petitioner under Section 29 of Protection of Women From Domestic Violence Act, 2005 against the order dated 27.02.2020 passed by the Judicial Magistrate First Class in MJC (Criminal) No. 34/2017 rejecting the claim of the petitioner for interim maintenance. By this revision petition, the petitioner is seeking setting aside of the judgment dated 24.08.2021 passed the Additional Sessions Judge (FTC), Korba, District Korba and further granting her interim maintenance.

3. Considering the facts and circumstances of the case, particularly considering the agreement dated 29.02.2016 between the parties shown by the counsel

for the respondents which is notarized document wherein a final settlement has taken place between the parties and the petitioner has received a sum of Rs.5,00,000/- from Respondent No.1, the petitioner has mentioned the said agreement in other proceedings between the parties, the contents of the agreement dated 29.02.2016 are also mentioned in Para-7 of the impugned judgment dated 24.08.2021, the matter is fixed for evidence, trial/proceeding is commenced, further that the petitioner is living separately from the respondents since the year 2017 till now, this Court finds no illegality or perversity in the impugned judgment passed by the Court below.

4. Consequently, the revision petition being devoid of substance deserves to be and is hereby dismissed at admission stage. Sd/- (Gautam Chourdiya) Judge vatti