- (1.) HEARD the learned counsel for the parties. The petition filed by the wife Smt Minakshi Gaur under S. 125 of the Code of Criminal Procedure, 1973 was dismissed by the Family Court, Agra. That order was confirmed by the High Court in Minakshi Gaur Vs. State of Uttar Pradesh Criminal Appeal No. 1080 of 2008 arising out of the special leave petition filed against the order of the High Court was disposed of by this Court on 14/7/2008, directing the husband to pay maintenance at the rate of Rs. 5,000.00 per month from 1/11/1998 till 31/7/2008 in instalments. The current and future amount of maintenance were also directed to be paid by 15th day of the following month.
(2.) AFTER sometime, the husband, Chitranjan Gaur, filed Criminal Miscellaneous Petition No. 13897 of 2008 for recall of the order dtd. 14/7/2008. During the pendency of that petition, the parties have settled all their disputes and grievances and filed compromise petition. We have gone through the compromise petition. In our view, the compromise is lawful. Accordingly, while maintaining our order dated 14/7/2008 granting leave, we recall other portions of that order and dispose of the criminal miscellaneous petition and the appeal in the following terms: (a) The husband has agreed to pay to the wife a sum of Rs. 2,60,000.00 by way of permanent alimony, out of this Rs. 60,000.00 have already been paid. For the balance amount of rupees two lakhs, two banker's cheque drawn in favour of the wife have been made over by the learned counsel appearing on behalf of the husband to the learned counsel appearing on behalf of the wife in Court today. (b) The prosecution of husband Chitranjan Gaur and others in Case No. 2743 of 1998 titled State Vs. Chitranjan Gaur pending in the Court of Chief Judicial Magistrate, Agra, within the State of Uttar Pradesh, is quashed. (c) The prosecution of husband Chitranjan Gaur in Case No. 474 of 2006, pending in the Court of Judicial Magistrate III, Bareilly, Uttar Pradesh, is quashed. (d) The prosecution of husband Chitranjan Gaur in Case No. 12740 of 2006, pending in the Court of First Additional Chief Judicial Magistrate, Agra, within the State of Uttar Pradesh, is also quashed. (e) The prosecution of wife Minakshi Gaur and others in Case No. 1000 of 2000, pending in the Court of Special Chief Judicial Magistrate, Agra, within the State of Uttar Pradesh, is also quashed. if) Criminal Miscellaneous Application No. 4250 of 2002, Criminal Miscellaneous Application No. 534 of 2006 and Criminal Miscellaneous Application No. 20600 of 2007, pending before the Allahabad High Court shall stand disposed of. (g) First Appeal No. 613 of 2003 titled as Minakshi Gaur Vs. Chitranjan Gaur, pending before the Allahabad High Court, shall stand withdrawn as infructuous. ;