IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37191 of 2009 PRAVEEN KUMAR, S/O Sri Ganeshwar Mishra, R/O Mohallah:- Shahi Colony, Town & P.S.:- Hajipur, Distt:- Vaishali. ……….Petitioner. Versus 1. THE STATE OF BIHAR. 2. Smt. Saroj Devi, D/O Sri Harikant Thakur, R/O Vill:- Jajuar Sough Tola, P.S.:- Jajuar, P.S. :- Katara, Distt:- Muzaffarpur, at present R/O C.D.S.F. Quarter No. 2C 6A, SCCL Singh Rani, P.O.:- Kalyani Kheri Mamdomari, Distt:- Adilabad, Pin:- 504231. ……...Opposite Parties. ----------- 3 28.02.2011 Heard learned counsel for the petitioner and for the O.P. No. 2. The present application has been filed for quashing the Judgment and order dated 20.08.2009 passed by the learned In-charge, Principal Judge, Family Court, Vaishali, Hajipur in Maintenance Case No. 37 of 2006, whereby in exercise of power under Section 125 of the Code of Criminal Procedure, the petitioner was directed to make payment of amount of maintenance @ Rs. 4,000/- per month from the date passing of the order i.e. 20.08.2009 and prior to that @ Rs. 1,000/- per month as directed on 11.07.2006 by learned Judicial Magistrate, Ist class. 2 My attention has been drawn to the Judgment dated 25.03.2010, passed in M.A. No. 521 of 2009, where one time settlement by way of permanent alimony was fixed and the maintenance case with agreement of the parties was quashed, relevant extracts of the Judgment read as follows. “……………The terms of compromise between the parties for a decree of divorce in favour of the appellant by consent have already been indicated in the earlier order. Now the total amount of Rs. 5,00000/- (five lakhs) shall be paid to Smt. Saroj Kumari, the respondent within a period of one year through bank drafts has also been indicated in the earlier order. The first installment of Rs. 3,00000/- (three lakhs) will be payable within three months from 17.03.2010. In order to ensure that the terms of compromise which are being treated as undertaking to this Court shall be 3 observed, this matter which is being disposed shall be listed under the heading to be mentioned after three months, in order to monitor that payment of Rs. 3,00000/- has been made in favour of the respondent and also for ensuring that the parties have taken the required stand to ensure that cases filed against each other are compromised or withdrawn. The details of those cases were required to be furnished today. For that purpose a supplementary affidavit on behalf of appellant and an affidavit on behalf of respondent have been filed in court today. From those affidavits and the submissions it is clear that two cases pending in the courts are indicated and these have been filed by the respondent ;- (1) A case under Section 498 and other allied Sections of the I.P.C. bearing G.R. No. 1647 of 2008, T.R. No. 2532 of 2010 pending before Sub-divisional Judicial 4 Magistrate, Hajipur (2) A proceeding for grant of maintenance under Section 125 Cr.P.C. bearing case no. Maintenance 37 of 2006 which has been finally disposed of by the Principal Judge, Family Court, Hazipur on 20.08.2009 giving rise to a quashing application in this court bearing Cr. Misc. No. 37191 of 2009. It is agreed and undertaken on behalf of respondent that she will have no objection if those cases are quashed or a direction is given to that effect in view of the compromise in this appeal. Accordingly, it is ordered that both the aforesaid cases shall stand quashed or compromised on account of present compromise. Both the parties shall co-operate in implementation of this order.” In view of the extract of the Judgment delivered by Division Bench the main maintenance case stands quashed, hence no 5 purpose will be served in keeping this application pending before this Court. The aforesaid submissions of learned counsel for the petitioner have not been controverted by learned counsel for O.P. No. 2. Hence, with the agreement of the parties the Judgment and order dated, 20.08.2009, passed by the learned In-Charge, Principal Judge, Family Court, Vaishali, Hajipur in Maintenance Case No. 37 of 2006, is hereby quashed. Bhardwaj ( Dinesh Kumar Singh,J.)