IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL REVISION NO. 64 OF 2008 Rajnish Gosain S/o Sri Dinesh Gosain, At present working as Dresser in Security Paper Mills, Hospital S.P.M. Hosangabad, M.P. ……… Revisionist Versus 1.State of Uttarakhand 2.Anita Pragati Gosain D/o Anand Prasad, r/o Chandranagar No.1, Maldhanchaur, Teh. Ramnagar, Nainital. .……….Respondents Dated: October 15 , 2008 Sri Vivek Shukla, learned counsel for the revisionist, Sri M.A. Khan, learned Brief Holder for the State/respondent no. 1. Sri M.S. Pal, learned Sr. Advocate assisted by Sri. D.N. Sharma, Adv. for the respondent no. 2. HON. DHARAM VEER, J. This criminal revision preferred under section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), r/w Section 19(4) of the Family Courts Act, 1984 is directed against the judgment and order dated 29.03.2008 passed by Addl. Judge, Family Court, Nainital in Misc. Case no. 83 of 2006 Smt. Anita @ Pragati Gosain vs. Rajnish Gosain, whereby the learned Addl. Judge, Family Court, Nainital allowed the application of the wife/respondent no.2 moved by her u/s 125 Cr.P.C. and directed the revisionist- husband to pay a sum of Rs. 2,500/- per month to the wife/respondent no.2 from the date of order i.e. from 29.03.2008. 2. Heard Sri Vivek Shukla, learned counsel for the revisionist, Sri M.A. Khan, learned Brief Holder for the State/respondent no. 1 and Sri M.S. Pal, learned Sr. Advocate assisted by Sri. D.N. Sharma, Adv. for the respondent no. 2 and perused the record. 2 3. In brief the facts of the case are that the respondent no.2 Smt. Anita @ Pragati Gosain moved a petition u/s 125 Cr.P.C. against the revisionist Rajnish Gosain for award of maintenance for herself with the averments inter-alia that marriage in between the revisionist and respondent no.2 was solemnized on 26.02.2001 in accordance with the Hindu rites. In the marriage as per the demand of the revisionist a sum of Rs. 1.5 lac was given to the revisionist, but the revisionist was not satisfied with the dowry and the revisionist and his family members have further demanded a Maruti Car and a cash sum of Rs. 50,000/- and started harassing her by giving her beating. She was subjected to cruelty. In this continuous process of harassment and cruelty the revisionist on 25.11.2003 ousted her from his house in her wearing clothes. The revisionist also obtained a decree of divorce by concealing her address. On one hand the applicant is unemployed; she has no means of livelihood and she is dependent on her father, while on the other hand the revisionist is employed as a Dresser with the Security Paper Mills Hospital Dispensary S.P.M. Colony Hosangabad (Madhya Pradesh) from where he receives a sum of Rs. 16,000/- per month as salary. The applicant demanded a sum of Rs. 8,000/- per month for herself as maintenance. Refuting the averments made by the wife-respondent, the revisionist filed his objection. He admitted the marriage, but he refuted the allegations of demand of dowry. It is stated that after obtaining the divorce decree, he has remarried. He denied the income shown by the applicant. Both the parties led their evidence before the Trial Court. After hearing learned counsel for both the parties the learned Trial Court vide her judgment and order dated 29.03.2008 allowed the petition u/s 125 Cr.P.C. filed by the wife-respondent no.2 and directed the revisionist-husband to pay a sum of Rs. 2,500/- per month to the wife/respondent no.2 from the date of order i.e. from 29.03.2008. Feeling aggrieved with the aforesaid judgment and order, the present revision has been preferred before this Court. 3 4. During the course of arguments, learned counsel for both the parties have submitted that the parties have entered into a compromise outside the court and the matter has been settled amicably in between the parties. As per the compromise arrived at between the parties, the revisionist is agree to pay a sum of Rs. 2,000/- per month to the wife-respondent no.2 from the date of order i.e. from 29.03.2008. 5. Accordingly, the revision is decided in terms of the compromise arrived at in between the parties. Consequently, the revisionist is directed to pay a sum of Rs. 2,000/- per month to the wife-respondent no.2 as maintenance from the date of order i.e. from 29.03.2008. (Dharam Veer, J.) 15.10.2008 NCM