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Madras High CourtCRL OP/30939/2019dismissed

Rakshit Khanna v. Pratika Khanna

2023-03-20Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2023

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.30939 of 2019 And Crl.M.P.No. 16805 of 2019 Rakshit Khanna ... Petitioner /Petitioner Vs Pratika Khanna ... Respondent/Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to set aside the Judgment passed in Crl.R.P.No. 06 of 2018 dated 28.03.2019 by the Hon'ble II Additional District and Sessions Court, Tiruppur. *** For Petitioner : Mr. W.M.Abdul Azeez For Respondent : Mr. R.Bharath Kumar

O R D E R

The petitioner seeks to set aside an order passed in the maintenance application filed under Section 125 Cr.P.C. Initially, a maintenance of Rs.25,000/- each was awarded in favour of the respondent and the child. The petitioner challenged the said order before the II Additional District and Sessions Court, Tiruppur in Crl.R.P.No. 06 of 2018.

2. Pending the Revision, it appears that the child passed away. Therefore, the maintenance awarded to the wife alone was confirmed. The petitioner has challenged the said oder in this Petition.

3. Both the learned counsels would submit that consequent to the filing of this Petition, the respondent/ petitioner has entered into a memorandum of understanding on 22.01.2022 by which they had agreed to file a petition for divorce on mutual consent and the respondent had agreed to receive a sum of Rs.27,50,000/- as permanent alimony. The copy of the Memorandum of understanding entered into between the parties has also been filed.

4. The learned counsel for the respondent would submit that the matter has been settled and the very prayer in the Original Petition has become infructuous and he has also made an endorsement to that effect. 5.

In view of the compromise arrived at between the parties, no further orders are required in this Criminal Original Petition. Hence, this

Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

20.03.2023 vsg Index: Yes/No Speaking Order / Non-Speaking Order To II Additional District and Sessions Court, Tiruppur.

SUNDER MOHAN. J, vsg Crl.O.P.No.30939 of 2019 And Crl.M.P.No. 16805 of 2019 20.03.2023