THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.99 OF 2009 ORDER: This Criminal Petition, under Section 482 of Cr.P.C., is filed by the Petitioner/Respondent, seeking to quash the order dated 22.12.2009, passed in Criminal Miscellaneous Petition No.1774 of 2008 in Maintenance Case No.21 of 2006, by the Additional Judicial Magistrate of First Class, Huzurabad, Karimnagar District. Heard the arguments of learned counsel for the petitioner and the learned counsel for respondent Nos.2 to 4. The facts of the case, in brief, are as follows : The petitioner herein is the husband of the second respondent, while third and fourth respondents herein are his minor children. Respondent Nos.2 to 4 filed Maintenance Case No.21 of 2006 claiming monthly maintenance at the rate of Rs.5,000/- to the second respondent/wife and Rs.2,500/- to third and fourth respondents each. The trial Court after full fledged trial, allowed the said Maintenance Case, in part, on 26.10.2009 and directed the petitioner herein to pay an amount of Rs.2,000/- p.m. to the second respondent/wife and an amount of Rs.800/- p.m. to third and fourth respondents each. Since the petitioner did not pay any amount, as ordered by the Court below, Crl.M.P. No.1774 of 2008 came to be filed under Section 125 (3) Cr.P.C. seeking an amount of Rs.39,600/- towards arrears of maintenance. After hearing both the parties, the learned Magistrate passed order on 22.12.2009, holding that the petitioner herein is intentionally avoiding payment of arrears of amount and hence he sentenced the petitioner to suffer prison for a period of one month or till the payment of arrears of amount, whichever is earlier. Questioning the said order, the petitioner is before this Court. While admitting the present application on 12.01.2010, this Court directed to release the petitioner, on condition of his depositing a sum of Rs.5,000/- and the balance to be deposited in two equal monthly installments and on such deposit, the respondent Nos.2 to 4 are permitted to withdraw the said amount. The learned counsel for the petitioner is not in a position to inform to the Court as to whether the said interim order has been complied with or not. On the other hand, the learned counsel for the respondents submits that, as per her instructions, no amount was deposited in the Court below. Taking into consideration the facts and circumstances of the case this Court holds that if the petitioner had complied with the impugned order, wherein he was directed to be released on bail on payment of costs of Rs.5,000/- and the balance to be deposited in two equal monthly installments, nothing survives in the present Petition. In case, the petitioner failed to comply with the said order, the learned Magistrate is directed to proceed with the matter, in accordance with law. Accordingly, with the above observation, the Criminal Petition is dismissed. Consequently, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ____________________ C. PRAVEEN KUMAR, J Date.01.07.2013. DSH THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR 170 CRIMINAL PETITION No.99 of 2010 JULY 01, 2013 DSH