IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 894/2005 Netra Ballabh Pant …….Petitioner Versus Smt. Parvati Devi …….Respondent July 12, 2010 Hon’ble Dharam Veer, J. Heard Mr. TA Khan, Advocate for the petitioner. None appeared for the respondent despite service of notice personally on the respondent. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC), the petitioner has prayed for quashing the judgment and order dated 5.6.2004 passed by the Judicial Magistrate, Pithoragarh in Misc. Criminal Case No. 17/2003 and the judgment and order dated 27.10.2005 passed by the Sessions Judge, Pithoragarh in Criminal Revision No. 18/2004. Facts, in brief, are that the respondent filed an application under Section 125 CrPC on 4.12.2002 with the averments that she got married to the petitioner thirty years ago and thereafter she also gave birth to a girl child. Soon after the marriage, the petitioner used to harass and torture her for the dowry and ultimately ousted her from his house. Thereafter the petitioner got married with some other woman. Petitioner has three children from his second marriage. It was further averred that the respondent had got no source of livelihood and she was unable to maintain herself whereas the petitioner was ex-Army man and after his retirement he again got himself engaged in a sugar factory and he also has agricultural income but even then he was not maintaining the respondent and, therefore, the respondent claimed Rs. 5000/- per month for her maintenance. After hearing both the parties, learned Judicial Magistrate, Pithoragarh vide his judgment and order dated 5.6.2004 allowed the maintenance application of the respondent and awarded her Rs. 1200/- per month towards her maintenance with effect from the date of making the said application i.e. from 4.12.2002. Revision preferred by the petitioner against the aforesaid judgment and order dated 5.6.2004 was dismissed by the Sessions Judge, Pithoragarh vide his judgment and order dated 27.10.2005. Hence, this criminal miscellaneous application has been filed on behalf of the petitioner/revisionist. On 14.12.2005, this Court stayed the operation of the aforesaid impugned judgment and order dated 5.6.2004 passed by the Judicial Magistrate, Pithoragarh subject to the condition that the petitioner would pay Rs. 900/- per month to the respondent with effect from the date of making the maintenance application. Learned Counsel for the petitioner stated at bar that petitioner is ready to pay Rs. 900/- per month to the respondent with effect from the date of making the maintenance application i.e. 4.12.2002 as was directed by this Court vide interim order dated 14.12.2005. He further prayed that the present petition may be disposed of in terms of the aforesaid interim order. Statement made by learned Counsel for the petitioner is liable to be accepted in the facts and circumstances of the case and it would be just and proper if the maintenance amount of Rs. 1200/- per month awarded to the respondent is reduced to Rs. 900/- per month. Accordingly, the petitioner is directed to pay Rs. 900/- per month to the respondent towards her maintenance with effect from the date of making the maintenance application i.e. 4.12.2002. Judgment and order dated 5.6.2004 passed by the Judicial Magistrate, Pithoragarh as well as the judgment and order dated 27.10.2005 passed by the Sessions Judge, Pithoragarh stands modified to the extent indicated above. The present petition stands disposed of accordingly. (Dharam Veer, J.) 12.7.2010 PRABODH 2 3