Amit Talukdar, J. - (1.) This revisional application is directed against the order dated 27.6.2001 passed by the learned Additional Sessions Judge (2nd Court) Midnapore in Criminal Motion No. 31/2001 thereby affirming the order dated 27.12.99 passed by the learned S.D.J.M., Ghatal in Misc. Execution Case No. 12/1999 fixing the main Execution case for hearing and refusing the prayer of the petitioner for bringing the case record of Misc. Case No. 46/1983 disposed of on 11.2.1985.
(2.) The learned Advocate appearing for the petitioner submits that as there was a compromise arrived at between the parties, the O.P. has lost her chance to claim maintenance. He further submitted that unless the record of Misc. Case No. 46/1983 are brought before the Court and the terms of compromise are perused, a correct. decision cannot be arrived at by the learned Magistrate. He further submits that the learned Sessions Judge himself found that the records have been misplaced and there was contradictory finding to this effect and he had ordered an enquiry. As such, it will be proper that the said records should be tagged with the Execution Case and before the learned Magistrate hear the prayers for execution of the case of the wife O.P., the said records are required to be looked into.
(3.) The learned Advocate appearing for the O.P. opposes the said submission. He submits that firstly, a compromise arrived at between the parties forsaking the claim for maintenance is against public policy and that cannot have any binding effect. He has relied on decision 1987 Cr. LJ 765 : [1987(2) All India Criminal Law Reporter 899 (Ker.)] Sadasivan Pillai v. Vijaya Lakshmi. He has further submitted that although the Execution case was started on 1999 but till now he has not received any payment and the petitioner is dragging the matter. He has further submitted that as the compromise if at all, cannot have any effect on the execution proceeding the question of asking for the records of the same are absolutely redundant and prays for dismissal of the revisional application.;