Extracted from the PDF above. The PDF is authoritative.
APHC010236492024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] THURSDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO I.A.Nos.1 of 2025 & 02 of 2024 IN/AND CRIMINAL REVISION CASE No.459 OF 2024
Between: Shaik Ahmed Ali ...PETITIONER AND Shaik Karimunnisa and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. CHALASANI AJAY KUMAR Counsel for the Respondent(S):
1. TALLADA RAMESH BABU The Court made the following COMMON ORDER:
1. I.A.No.1 of 2025 is filed by the petitioner, seeking to dispose of the present Revision Case in view of the terms and conditions of the compromise. 2. I.A.No.2 of 2024 is filed by the petitioner seeking to stay of all further proceedings pursuant to the Decree and Order passed in FCOP No.68 of 2015 on the file of the Family Court-cum-IX Additional District and Sessions Judge, East Godavari District, at Rajamahendravaram (hereinafter referred to as ‘Family Court’, pending disposal of the Revision Case. 2
3. The respondents herein, who are the petitioners in FCOP No.68 of 2018, filed a petition under Section 125 of Cr.P.C. before the Family Court, seeking maintenance of Rs.25,000/- to the 1st petitioner; Rs.18,000/- to the 2nd petitioner and Rs.7,000/- to the 3rd petitioner therein per month. 4. After considering the material as well as the evidence on record, the learned Judge, Family Court-cum-IX Additional District and Sessions Judge, East Godavari District at Rajamahendravaram, allowed the petition directing the petitioner herein, who is the respondent therein to pay monthly maintenance @ Rs.22,000/- to the 1st petitioner; Rs.15,000/- to the 2nd petitioner and Rs.6000/- to the 3rd petitioner in FCOP No.68 of 2018 from the date of filing of the petition vide Order dated 18.07.2023 in FCOP No.68 of
2018. Aggrieved by the impugned Order, the petitioner herein preferred the present Revision Case. 5. I have heard both sides and perused the material on record. 6. Today, when the matter is taken up for hearing, both parties in the Revision are present and they are identified by their learned counsel. The terms and conditions of compromise, relating to the matter covered in the present Crl.R.C.No.459 of 2024 is mentioned in the affidavit, are read over to the parties and they are admitted as true and correct. 7.
In pursuance of the said compromise made in I.A.No.1 of 2025, it is stated that both parties have settled their differences by entered into a Memorandum of Understanding (MOU)/Settlement dated 23.09.2024. When ascertained from both the parties, they informed the Court that the amounts have been paid towards settlement and they have no objection to give up the allegations made in Crl.R.C.No.459 of 2024 against the petitioner herein and the parties further agreed that they shall not make any allegations against each other in the future and forever. 3
8. As far as the present Criminal Revision Case is concerned, it is noted in the terms of MOU that the petitioner herein had agreed to pay a total amount of Rs.23,00,000/- (Rupees Twenty Three Lakhs only) to the respondents herein towards full and final settlement of all their claims of maintenance including past and present and future alimony, by way of Demand Drafts i.e. (1) D.D.No.033863 of Axis Bank dated 21.09.2024 for Rs.8,00,000/-, (2) D.D.No.033894 of Axis Bank dated 21.09.2024 for Rs.10,00,000/- and (3) D.D.No.033865 of Axis Bank dated 21.09.2024 for Rs.5,00,000/-. Subsequently, the said three Demand Drafts are revalidated on 24.12.2024, as the three months period for encashing the same is expired. 9. Today, when the matter is taken up for compromise, across the bench the said three Demand Drafts are handed over to the respondents herein and the 1st respondent confirmed that she received the three Demand Drafts, as referred in the terms of Memorandum of Understanding in respect of the Crl.R.C.No.459 of 2024. 10. Both parties have included terms beyond the scope of this Criminal Revision. After hearing the arguments of both counsel, the Court will address only the terms relevant to the Criminal Revision Case. As for the remaining terms, the parties are required to pursue remedies as per the law.
The remaining terms will not be included in this Revision, which seeks to challenge the order dated 18.07.2023 in FCOP No. 68 of 2018, filed under Section 125 of the Cr.P.C. for monthly maintenance. The Court will, therefore, record only the terms related to the maintenance amount as per the MOU. 11. On being satisfied with the terms and conditions of compromise and in view of the amicable settlement made by both parties in respect of present Criminal Revision Case is concerned, I.A.No.1 of 2025 and I.A.No.02 of 2024 are allowed consequently the Criminal Revision Case is disposed of by setting aside the Order dated 18.07.2023 in FCOP.No.68 of 2018 on the file of learned Judge, Family Court-cum-IX Additional District and Sessions Judge,
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East Godavari at Rajamahendravaram. Both parties are required to work out their remedies in respect of remaining terms of the MOU. Consequently, miscellaneous applications pending, if any, shall stand closed. ____________________________ JUSTICE T.MALLIKARJUNA RAO Date: 06.03.2025 MS
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THE HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO
I.A.Nos.1 of 2025 & 2 of 2024 In/and Criminal Revision Case No.459 OF 2024 DATE: 06.03.2025
MS