PRABHAT CHANDRA TRIPATHI, J. - (1.) Heard Sri Udai Shankar Chauhan, learned counsel for petitioner, Sri M.S. Chauhan, learned counsel for the opposite party No. 2 and learned A.G.A. for the State and perused the record.
(2.) In this petition the petitioner has made following prayer:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 30.6.2006 and 7.5.2007 (Annexure No. 5 and 7 to this writ petition). (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent to give of the order dated 30.6.2006 and 7.5.2007. (iii) Issue any other writ, order or direction, as this Hon'ble court may deem fit and proper under the circumstances of the case. (iv) Award the cost of the petition to the petitioner."
(3.) Whereas paragraphs 5 and 6 of the counter affidavit filed by respondent No. 2 are enumerated as herein-below. "5. That in reply to para 6 of the writ petition, it is respectfully submitted that the contesting respondent No. 2 was party to the proceeding, under Section 125 Cr. P.C., 1973 in Case No. 160/2000, but nothing was decided about the mode of maintenance of the respondent No. 2 in the compromise dated 24.11.2001 entered into between the mother and father of the respondent No. 2. It is pertinent to mention here that the respondent No. 2 is admittedly the daughter of the petitioner, she is a student having no means of livelihood as such the petitioner can disown his responsibility to maintain his daughter, respondent No. 2. 6. That in reply to para 7 and 8 of the writ petition, it is respectfully submitted that after considering the factual and legal aspects of the matter learned Magistrate has rightly allowed the application of the respondent No. 2 vide order dated 30.6.2006. It is pertinent to mention here that there is no whisper about the maintenance of respondent No. 2 in the compromise in Case No. 160/2000. In view of the facts stated above there is no bar in filing a separate application under section 125 of Cr. P.C., 1973 as such the order dated 30.6.2006 is just and proper.";