Syed Viquar Hussain , Sameer Hussain, v. Saleha Begum,

THE HON'BLE SRI JUSTICE P.KESHAVA RAO I.A.No.1 & 2 OF 2018 IN/AND CRIMINAL REVISION CASE No.937 OF 2011 ORDER:

Heard the learned counsel for the petitioner. The present Criminal Revision Case is filed questioning the orders passed in M.P.No.43 of 2011 in M.C.No.293 of 2007 dated 29.03.2011 on the file of the Additional Metropolitan Sessions Judge for the trial of JHCBBC-cum-Additional Family Court-CumXXIII Additional Chief Judge, Hyderabad, directing the parties to file affidavits in lieu of the examination-in-chief. The facts in brief are that the respondents 1 to 4 herein filed M.C.No.293 of 2007 against the petitioner herein under Section 125 of Cr.P.C. claiming maintenance. During the pendency of the present revision, applications in I.A.Nos.1 & 2 of 2018 are filed seeking permission of this Court to file the compromise petition and to allow the Criminal Revision Case in view of the compromise effected between the parties.

In the affidavit filed in support of the applications, it is stated by the first respondent that the petitioner already contracted second marriage and living with his wife and children and therefore, elders in the family approached her to have piece and therefore, after negotiations, it was agreed that the petitioner would compensate the first respondent by paying a sum of Rs.4,00,000/- and in lieu thereof, she will withdraw the maintenance case. Accordingly, a sum of Rs.4,00,000/- has been paid to the first respondent in the form of Pay Order Nos.388786 to

388789, dated 24.07.2018, drawn on Andhra Bank, Bakaram branch, Hyderabad. The first respondent, who is present in the Court, is identified by her counsel and on being questioned, she acknowledged the receipt of the said four Pay Orders. The petitioner, who is present in the Court, is also identified by his counsel. The photo I.Ds. are filed along with applications and the same are made part of the record.

Having heard both the counsel and in the light of the averments stated in the affidavit, the I.A.1 of 2018 seeking permission of the Court to record the compromise and I.A.No.2 of 2018 to allow the revision in the light of the compromise effected between the parties, are hereby allowed. In view of the orders passed in the above said two applications, the Criminal Revision Case is allowed setting aside the proceedings initiated against the petitioner in M.C.No.293 of 2007 on the file of the Court of the Additional Metropolitan Sessions Judge for the trial of JHCBBCcum-Additional Family Court-Cum-XXIII Additional Chief Judge, Hyderabad.

Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.KESHAVA RAO,J 29th AUGUST 2018.

Tsr