1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3821/2008 Sau. Usha Rajesh Jadhao & anr. ..vs.. Rajesh Jaisingh Jadhao --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. R. J. Shinde, Advocate for applicant. Mr. A. R. Chavan, Advocate for non applicant. CORAM:- S. S. SHINDE, J. DATED :- 26 th NOVEMBER,2009 1. This application is filed challenging judgment and order dated 01.08.2008 passed by Additional Sessions Judge, Darwha in Criminal Revision No.17/2007. 2. The applicants had filed Misc. Criminal A. No. 120/1994 for grant of maintenance allowance under Section 125 of the Code of Criminal Procedure. On 27.04.1994, Judicial Magistrate First Class, Digras granted maintenance to applicant no.1 of Rs. 250/- per month to each of applicant nos. 1 and 2. The applicants had filed Misc. Application No. 15/2003 under Section 127 of the Code of Criminal Procedure for enhancement of maintenance amount. On 05.05.2007, learned Magistrate granted enhanced the maintenance and granted Rs. 600/- 2 per month to applicant no.1 and Rs. 400/- per month to applicant no.2. Non applicant-husband being aggrieved by the said order filed Criminal Revision Application No. 17/2007 before Additional Sessions Judge, Darwha on 06.08.2007. On 01.08.2008, the learned Additional Sessions Judge, Darwha allowed Criminal Revision No. 17/2007, which was filed by non applicant. As a result, the order passed by Judicial Magistrate First Class, Darwha on 05.05.2007 came to be quashed and set aside. 3. Learned counsel for the applicants as well as non applicant jointly submitted that matter is compromised between the parties and to that extent pursis has been filed on record. The parties have compromised the matter out of Court, and it has been prayed that the application be allowed partly and order dated 05.05.2007 passed by J.M.F.C. Digras in Misc. A. No. 15/2003 be modified as under:- (a) The non applicant shall pay maintenance @ Rs. 300/- per month to applicant no.1 instead of Rs. 600/- per month from 25.11.2009. (b) The non applicant shall pay maintenance 3 allowance @ Rs. 300/- per month to applicant no.2 instead of Rs. 400/- per month from 25.11.2009. 4. In view of the settlement arrived at between the parties, which is placed on record by way of pursis, the impugned judgment and order passed by Additional Sessions Judge, Darwha is modified in terms of pursis filed on record. 5. The application is allowed in terms of compromise pursis which is placed on record. Judgment and order dated 01.08.2008 passed by Additional Sessions Judge, Darwha is set aside. Henceforth, the parties will be bound by compromise terms as stated hereinabove. It means that non applicant-husband shall continue to pay Rs. 300/- per month with effect from 25.11.2009 to applicant no.1 and also Rs. 300/- to applicant no.2. Rest of contents of compromise are kept as it is. The application is disposed of in terms of pursis. In case any contingency arises the parties will be at liberty to apply for modification, if any. JUDGE kahale