Delli Venkata Narsimha Reddy v. The State Of Telangana.,Rep.,Pp And Another
THE HON'BLE SRI JUSTICE P.KESHAVA RAO I.A.No.1 of 2018 IN/AND CRIMINAL REVISION CASE No.2693 of 2016 & CRIMINAL REVISION CASE No.2818 of 2016 COMMON ORDER:
These two revisions are arising out of the same order and as the parties are common, they are heard together and being disposed of by this common order.
Crl.R.C.No.2693 of is filed by wife seeking enhancement of maintenance amount from Rs.20,000/- per month to Rs.40,000/- per month and legal expenses from Rs.5,000/- to Rs.25,000/-; and Crl.R.C.No.2818 of 2016 is filed by the husband questioning the quantum of maintenance granted against him in M.C.No.138 of 2014, dated 29.09.2016 on the file of the Court of the Judge, Family Court, Ranga Reddy District at L.B.Nagar. For the sake of convenience, the parties herein are referred to as per their array before the Court below in M.C.No.138 of 2014. The facts of the case are that the petitioner filed M.C.No.138 of 2014 against the respondent claiming a sum of Rs.50,000/- per month towards maintenance and Rs.20,000/- towards litigation expenses, on the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar. After trial, the Court below, by orders dated 29.09.2016, allowed the M.C. in part awarding maintenance at the rate of Rs.20,000/- per month apart from Rs.5,000/- towards legal expenses.
During the pendency of the revisions, the petitioner filed I.A.No.1 of 2018 in Crl.R.C.No.2693 of 2016 seeking permission of
the Court to compound the offence and to set aside the impugned orders by recording the memorandum of compromise entered between the parties.
Today, both the parties are present in the Court and they are identified by each other and by their respective counsel. A perusal of the joint compromise memo filed along with I.A.No.1 of 2018, which is duly signed by both the parties and their counsel, would indicate that the petitioner as well as the respondent came to an understanding to settle the matter out of Court on the advice of the family members and well-wishers. Pursuant to which, the petitioner agreed to receive a sum of Rs.28.00 lakhs towards full and final settlement of all her statutory rights under civil and criminal law and the said amount would be treated as permanent alimony. The said amount will be paid to the petitioner by the respondent in three instalments as under:
(1) Cheque bearing No.569364, dated 05.07.2018 for a sum of Rs.10.00 lakhs;
(2) Cheque bearing No.569365, dated 05.08.2018 for a sum of Rs.10.00 lakhs; &
(3) Cheque bearing No.569366, dated 10.09.2018 for a sum of Rs.8.00 lakhs, drawn on State Bank of India, Ramanthapur branch, Hyderabad.
Pursuant to the said understanding of receipt of total amount, the petitioner-wife agreed to withdraw all the pending cases filed against the respondent-husband. In view of the said settlement entered into by the parties, I.A.No.1 of 2018 is ordered and the compromise is recorded. The joint compromise memo shall form part of the record.
Accordingly, both the Criminal Revision Cases are disposed of in terms of the above compromise entered between the parties setting aside the order dated 29.09.2016 passed in M.C.No.138 of 2014 on the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar.
Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.KESHAVA RAO,J 02nd JULY 2018.
Tsr