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2025 DAILYLAW 46222 (ALL)

CHANDRA SINGH TOMKYAL v. STATE OF U.P. AND ANOTHER

CRLR/4036/2022 · 2025-03-10

Manjive Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35530 Court No. - 81 Case :- CRIMINAL REVISION No. - 4036 of 2022 Revisionist :- Chandra Singh Tomkyal Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Harish Kumar Yadav,Istyak Khan Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard Sri Istyak Khan, learned counsel appearing for the revisionist, learned Additional Government Advocate appearing for the State and Sri Zafeer Ahmad, learned counsel appearing for Opposite Party No. 2. 2. The instant criminal revision has been filed by the revisionist challenging therein, the judgment and order dated 16.11.2021 passed by the learned Principal Judge, Family Court, Moradabad in Case No. 488 of 2019 (Smt. Maneesha Vs. Chandra Singh Tomkyal) whereby, in exercise of power under Section 125 Cr.P.C., the revisionist had been directed to pay maintenance of Rs. 10,000/- per month to Opposite Party No.2. 3. Sri Istyak Khan, learned counsel appearing for the revisionist has submitted that after filing of the instant criminal revision, the revisionist and Opposite Party No.2 have entered into a compromise on 12.1.2023 and have settled their disputes amicably. 4. It has further been submitted that on the basis of the compromise entered into in between the revisionist and Opposite Party No. 2, both the parties have obtained a decree dated 4.3.2024 passed by the Principal Judge, Family Court, Moradabad whereby, under Section 13-B of the Hindu Marriage Act, 1955, their marriage had been dissolved. 5. Learned counsel appearing for the revisionist has further submitted that now in view of the aforesaid compromise, the instant criminal revision is liable to be allowed by this Court. 6. Sri Zafeer Ahmad, learned counsel appearing for Opposite Party No. 2 has also accepted before this Court that the revisionist and Opposite Party No. 2 have entered into a compromise and have settled their disputes amicably. 7. Sri Zafeer Ahmad, learned counsel appearing for Opposite Party No. 2 further submits that he has no objection if the instant criminal revision is allowed and the order, impugned in this criminal revision, is set aside. 8. I have heard the submissions of the learned counsels appearing for the parties. 9. It is admitted by the learned counsel appearing for the revisionist and learned counsel appearing for Opposite Party No. 2 that both the parties have settled their disputes amicably. 10. Sri Zafeer Ahmad, learned counsel appearing for Opposite Party No. 2 has also submitted before this Court that he does not have any objection, if this criminal revision is allowed by this Court. 11. In view of the aforesaid submissions advanced by the learned counsels appearing for the parties, this criminal revision is allowed. The impugned order dated 16.11.2021 passed by the learned Principal Judge, Family Court, Moradabad in Case No. 488 of 2019 (Smt. Maneesha Vs. Chandra Singh Tomkyal) is hereby set aside. Order Date :- 11.3.2025 n.u./Gaurav Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad