← Library
High Court for State of TelanganaCRLRC/1724/2015allowed no costs

K.Shiva Prasad v. Smt. K.Kalpana,

2016-04-19C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRL.R.C.M.P.No.1368 of 2016 and CRL.R.C.No.1724 of 2015 ORDER:

The present Criminal Revision Case came to be filed under Sections 397 and 401 of Cr.P.C. challenging the order dated 03.07.2015 passed in M.C.No.75 of 2010 on the file of the Additional Metropolitan Sessions Judge for the Trial of Jubilee Hills Bomb Blast Clase-cum-Additional Family Court, Hyderabad, wherein the trial Court awarded maintenance of Rs.7,500/- each to respondent Nos.1 and 2 herein.

The facts in issue are as under :

The petitioner is the husband of respondent No.1 and father of respondent No.2 herein. Respondent Nos.1 and 2 herein filed an application under Section 125 Cr.P.C. claiming monthly maintenance at Rs.10,000/- each. By an order, dated 03.07.2015 the trial Court awarded monthly maintenance at Rs.7,500/- each to respondent Nos.1 and 2 herein. Challenging the same the petitioner-husband filed the present revision.

Pending the revision, the parties have compromised the matter, which lead to filing of Crl.R.C.M.P.No.1368 of 2016 seeking permission of the Court to record the compromise and allow the revision.

Today respondent No.1 and the petitioner are present in the court and they were identified by their respective counsel namely Sri G.Anandam and Mrs. A.B.Lalitha Gayathri. When examined, respondent No.1 stated that she has settled the matter with the petitioner and in view of the settlement arrived at, properties are transferred in her name and she has no objection for allowing the revision. The affidavit filed in support of the petition also affirms the

same. A reading of the affidavit would show that at the intervention of elders and well wishers, both the parties have entered into a compromise. As per the terms of compromise, respondent No.1 agreed to give consent for divorce subject to transfer of house bearing Nos. 1-4-102 and 1-4-102/1 situated at Mahabubabad, Warangal District in favour of respondent Nos.1 and 2 herein in the ratio of 60% and 40% respectively.

Accordingly, the petitioner executed gift settlement deeds bearing document Nos. 997/2016 and 996 of 2016 dated 06.02.2016 in favour of the respondents herein. In view of the fact that there is a settlement between the parties Crl.R.C.M.P.No.1368 of 2016 is allowed. Consequently, the Criminal Revision Case which has been filed questioning the order dated 03.07.2015 passed in M.C.No.75 of 2010 on the file of the Additional Metropolitan Sessions Judge for the Trial of Jubilee Hills Bomb Blast Clase-cum-Additional Family Court, Hyderabad, is also allowed. As a sequel thereto, Miscellaneous Petitions pending, if any, in this Crl.R.C. shall stand closed.

_____________________ C. PRAVEEN KUMAR, J 19.04.2016 gkv