THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5973 of 2010 DATED 25th MARCH, 2011 BETWEEN: A.Kalpavalli & others ….. Petitioners and The State of A.P. & another ….. Respondents THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5973 of 2010 ORDER: Petitioners approach this Court with a prayer to set aside the order dated 25.11.2008 passed by the learned Judge, Family Court, Eluru, in M.C.SR.No.7969 of 2008 whereby the learned Magistrate rejected the application filed by the petitioners under Section 127 Cr.P.C. to enhance the maintenance amount. Heard. The learned Judge dismissed the application of the petitioners herein on the ground that they entered into compromise in the year 2005 before the Lok Adalat admitting that they are ready to receive a sum of Rs.500/- each per month and so there cannot be any petition under Section 127 Cr.P.C. This Court perused the entire records and also heard the arguments of both sides. The order passed by the Lok Adalat is arising out of petition filed under Section 125 Cr.P.C. The settlement arrived before the Lok Adalat is pertaining to the year 2005. When an order passed by the Lok Adalat indicates that the petition is filed under Section 125 Cr.P.C., the said order is only in connection with the maintenance for the said period. Hence, the order passed by the Lok Adalat cannot be a bar to invoke the provisions under Section 127 Cr.P.C. Therefore, the impugned order is liable to be set aside. Accordingly, the impugned order is hereby set aside and the petitioner is advised to file a fresh application under Section 127 Cr.P.C. before the learned Judge, upon which, the learned Judge is directed to dispose of the same on merits. With above observations, the Criminal Petition is disposed of. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. _________________________ JUSTICE RAJA ELANGO Date: 25.03.2011 sur