(1.) Husband Ali Mehndi has filed this petition under section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) for quashing petition Annexure P/4 filed by respondent-wife Farial Fatima @ Manna under section 125 Cr.P.C. and all consequential proceedings arising therefrom.
(2.) Reply on behalf of respondent filed today in Court is taken on record subject to all just exceptions. Copy given to the opposite counsel. I have heard counsel for the parties and perused the case file.
(3.) Counsel for the petitioner contended that the petitioner had filed petition for restitution of conjugal rights against the respondent and compromise dated 16.7.2010 Annexure P/1 was effected in the said case in Lok Adalat and consequently, the said case was decreed by the Family Court, Lucknow vide judgment and decree dated 18.7.2010 and therefore, the respondent-wife who has withdrawn from the company of the petitioner husband without sufficient ground is not entitled to maintenance under section 125 Cr.P.C. Reliance in support of this contention has been placed on two judgments of this Court namely Ramesh Kumar versus Smt. Bimla Devi, 1985 2 RCR(Cri) 463 and Smt. Birwati versus Dharam Singh, 2004 3 RCR(Cri) 272.