THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1142 of 2002 DATED: 18-03-2010 ORDER: This Criminal Revision Case is preferred against the order, dated 14-08-2002, in Crl.A.No.11 of 2002 on the file of the learned V Additional Metropolitan Sessions Judge, City Criminal Courts, Nampally, Hyderabad, whereby the appeal filed by the petitioner herein for the offences punishable under Sections 498-A, 324 and 505 IPC was dismissed. 2. Both parties are heard. They intended to settle the matter amicably and in that regard, the husband i.e. the petitioner herein paid an amount of Rs.1,00,000/-to the respondent on 03-03-2010 by way of demand draft bearing No.373850, dated 14-12-2009. On that day, he stated that he is prepared to pay another amount of Rs.1,00,000/-. Today, petitioner paid a further sum of Rs.1,00,000/- by way of cash and thus a total sum of Rs.2,00,000/- was paid to the respondent, and the respondent signed on all the documents relating to the retirement benefits of the petitioner enabling him to receive the said retirement benefits. 3. Both parties have entered into a compromise in M.C.No.531 of 2005 before the Family Court and filed a memorandum of compromise in the month of April, 2008 and the same is brought to the notice of this Court. The terms of the said compromise read as follows: 1. That the party of the first part expresses regret for his conduct leading to the disputes between the parties. 2. That the party of the first part shall forth with give request to the government to enter the name of the party of the second part and their son M.Kiran Kumar in his Service Records, as his family and legal heirs, by submitting necessary proofs. 3. That the party of the first part agrees and undertakes to pay to the party of the second part 50% of all the amounts receivable by him from the Government towards his retirement benefits, which is approximately Rs. Which include GPF, Gratuity, Commuted pension if any, Insurance, Arrears of Pay on fixation (which was stopped due to the conviction of the party of the first part in a criminal case) and all other amounts payable to the party of the first part. The party of the first part shall give a letter of request to the disbursing officer to credit 50% of the actual amount payable to him by the Government to the S.B.Account of the party of the second part in A/c.No.52013057106 of State Bank of Hyderabad, Ramkiote Branch, Hyderabad, under intimation to the party of the second part. 4. That the party of the first part aggress and undertakes to pay 50% of the family pension payable to him every month, after his retirement as maintenance to the party of the second part and the party of the first part shall give necessary instructions to the disbursing officer to send the same every month to the S.B.A/c No.52013057106 of State Bank of Hyderabad, Ramkote Branch, Hyderabad of the party of the second part. 5. That the party of the first part shall give irrevocable request to this department to deduct and pay the amounts as aforesaid directly to the party of the second part. 6. In reciprocation for the above acts, the party of the second part shall cooperate with the party of the first part to have the Cr.Rev.Case No.1142 of 2002 allowed, by filling necessary papers or as otherwise advised by legal counsels. 7. That the party of the first part shall undertakes to withdraw M.P.No.22 of 2003 in M.C.No.531 of 1995. 8. Both parties agree that they shall not have any claim whatsoever against each other. 9. That both parties agree to approach the concerned Legal Services Authority to record the compromise and have a decree passed accordingly. 4. In the light of the said compromise entered into between the patties and as the petitioner had paid an amount of Rs.2,00,000/- and the respondent signed on all the papers before this Court, petitioner shall give effect to the said terms of compromise the moment he receives the retirement benefits. At this juncture, it is stated by the learned counsel for the petitioner that a joint photograph of both the parties is required to be submitted before the authorities for receiving the said terminal benefits. Hence, parties are hereby directed to take a joint photograph, enabling the petitioner to submit the same along with the papers to be submitted to the authorities. 5. In the result, Criminal Revision Case is allowed. _______________________________ GOPALA KRISHNA TAMADA,J 09th April, 2010. Note: Office is directed to mark a copy of this order to the disciplinary authority i.e. the Commissioner of Endowments, Hydeabad. B/o Tsy