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2025 DAILYLAW 12808 (UTT)

NITESH DUTT v. STATE OF UTTARAKHAND

CRLR/627/2019 · 2025-09-01

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7746 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 01st SEPTEMBER, 2025 CRIMINAL REVISION NO.627 of 2019 Nitesh Dutt .....Revisionist Versus State of Uttarakhand and Another ..…Respondents Counsel for the Revisionist : Mr. Nagesh Aggarwal, Advocate. Counsel for the Respondent : Mr. Deepak Bhardwaj, No.1 Brief Holder. Counsel for the : Mr. Kartikey Hari Gupta, Respondent No.2 Advocate holding brief of Ms. Pallavi Bahuguna, Advocate. Hon’ble Alok Kumar Verma,J. The present Revision has been filed challenging the judgment dated 28.08.2019, passed by learned Judge, Family Court, Kotdwar, District Pauri Garhwal in Miscellaneous Criminal Case No.106 of 2014, “Smt. Himani Vs. Nitesh Dutt” by which, learned Judge has directed the revisionist to pay Rs.17,000/- (Rupees Seventeen Thousand) per month from 15.10.2014 for the maintenance of his wife, the respondent no.2. 2. Heard Mr. Nagesh Aggarwal, learned counsel for the revisionist and Mr. Kartikey Hari Gupta, learned 1 2025:UHC:7746 counsel appearing for the respondent no.2. 3. Mr. Nitesh Dutt, the revisionist, is present through video conferencing. He is identified by Mr. Nagesh Aggarwal, Advocate. Smt. Himani, the respondent no.2, is present through video conferencing. She is identified by Mr. Kartikey Hari Gupta, Advocate. 4. Revisionist and the respondent no.2 submitted that they have amicably settled their disputes in the following terms and conditions:- “(i) Both the parties have agreed to live with each other along with their son Aradhya, aged about 11 years, at any place where they wish. (ii) The revisionist Nitesh Dutt has agreed to pay monthly allowance and maintenance of Rs.25,000/-(Rupees Twenty Five Thousand) per month towards the maintenance of his wife Smt. Himani, the respondent no.2, and son Aradhya from 12.09.2024 onwards which can be deposited in the bank account of the respondent no.2 from between the day of 23rd to 31st of each month. (iii) The respondent no.2 and son Aradhya would not claim any past allowance or maintenance. 2 2025:UHC:7746 (iv) The parties have agreed to settle all their disputes and cases pending before any Court of law arising from the present matrimony including the maintenance of their child pending before the Court of Kotdwar in the light of the said terms and conditions.” 5. Both, the revisionist and the respondent no.2 have requested to decide the present Revision in the said terms and conditions. They further submitted that they have settled their disputes in the said terms and conditions with their free will and without any pressure. 6. On the request of both the parties, the present Revision (CRLR No.627 of 2019) is decided in the abovementioned terms and conditions. 7. The impugned judgment dated 28.08.2019 is modified accordingly. ___________________ ALOK KUMAR VERMA, J. Dt:01.09.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE487B2F E0F92, cn=NEHA BISHT Date: 2025.09.01 18:57:45 +05'30'