Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 33188 (JHR)

SUBEER KUMAR KAR ALIAS SUBEER KAR v. THE STATE OF JHARKHAND

Cr.Rev./881/2024 · 2025-12-17

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:JHHC:37933] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 881 of 2024 Subeer Kumar Kar @ Subeer Kar, Son of Shri Ajit Kumar Kar, aged about 39 years, Resident of: Flat No. 23, 6th Floor, Laxman Apartment, Sector-9, Ramdih More, P.O. Ramdih More, P.S. Harla District- Bokaro, Jharkhand 827013, At Present Resident: House No. 607/K- 187, Shankar Purwa, Ward Pratham, MayapuriAtrauli P.O.and P.S. Gudma Kurshi Road, District Lucknow, Uttar Pradesh-226026. ..... … Petitioner Versus 1. The State of Jharkhand. 2. Jyoti Dutta. Wife of Subeer Kar, Daughter of Manoranjan Dutta, aged about 31 years, 3. Ishita Kar, Daughter of Subeer Kar, aged about 07 years, 4. Ishan Kar, Son of Shri. Subeer Kar aged about 2 years, Both 3 & 4 through their mother and natural guardian, Jyoti Dutta addressed as Opposite Party No.1. All the three Opposite Parties No.1,2 and 3 are permanent resident of Flat No. 23, 6th Floor, Laxman Apartment, Sector-9, Ramdih More, P.O. Ramdih More, P.S. Harla, District- Bokaro, Jharkhand 827013, At Present Residing at Mohalla Misir Lane Subhash Chowk, Palmerganj, P.O. Lohardaga, P.S. Lohardaga, Distt- Lohardaga, Jharkhand. ..... … Opposite Parties -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Aprajita Mishra, Advocate For the State : Mr. Saket Kumar, A.P.P. For the O.P. No. 2 : Mr. Asit Baran Mahto, Advocate. ------ [2025:JHHC:37933] -2- 05/ 17.12.2025 Learned counsel appearing for the petitioner submits that this revision petition has been preferred against the order dated 25.04.2024, passed by the learned Principal Judge, Family Court, Lohardaga, in Original Maintenance Case No. 51 of 2022, whereby, the learned court has been pleased to direct the petitioner to pay maintenance of Rs. 12,000/- per month as maintenance to his wife and two minor children, who are O.P. Nos. 2 to 4 herein. 2. Learned counsel appearing for the petitioner submits that now the good sense has prevailed between the parties and the case has been compromised between the parties and the petitioner and O.P. No. 2 are residing together and the compromise petition has been brought on record by way of filing I.A. No. 16203 of 2025. She further submits that since the O.P. No. 2 is residing with the petitioner along with her children, in that view of the matter, the maintenance order may not be given effect. On these grounds, he submits that this petition may kindly be disposed of. 3. Learned A.P.P. appearing for the State submits that the compromise is there in view of the aforementioned I.A. 4. Learned counsel appearing for the O.P. No. 2 also accepts the aforesaid submission of learned counsel appearing for the petitioner and submits that now wife is residing with her husband and she does not want to proceed with the matter any further. He next submits that the I.A. has been filed in the form of compromise and separate affidavit has been filed by both the sides and in view of that this matter may be disposed of. 5. In view of the above discussions and further considering the rival submissions of respective parties and in view of the compromise arrived at between the parties, which has been brought on record by way of filing I.A. No. 16203 of 2025 and also considering the fact that both husband and wife are residing together along with their children, [2025:JHHC:37933] -3- the prayer made in the aforementioned I.A. is allowed and the same is disposed of. 6. As such, the order dated 25.04.2024, passed by the learned Principal Judge, Family Court, Lohardaga, in Original Maintenance Case No. 51 of 2022, is hereby, set aside. 7. Consequently, this criminal revision is allowed and disposed of in terms of the compromise arrived at between the parties and the petitioner is exempted from paying the maintenance amount to the wife. (Sanjay Kumar Dwivedi, J.) Dated:-17.12.2025 Amitesh/-