I. S. ISRANI, J. - (1.) BRIEFLY stated the facts giving rise to this misc. application are that the non-petitioner Mst. Magidan filed a complaint u/s 125 Cr. P. C. against the petitioner Abrar Ahmed claiming a monthly maintenance of Rs. 400/- for herself and her two children. It was pleaded in the complaint that the marriage of both the parties was solemnised on 3rd June, 1959 at village Behter. Out of this wedlock she gave birth to one boy and one girl and who were of the age of 15 and 13 respectively at the time of making complaint. Non-petitioner Magidan alleged physical and mental cruelty and it was further alleged that she was mercilessly beaten on 13-7-68 and forcibly thrown out by the applicant, her husband, alongwith her both children. Since then she has been living with her parents under compulsion and that her father was an old person and was not financially well of to maintain her and her children. During the proceedings in the trial court it was admitted that the petitioner Abrar Ahmed has married second wife on 27-10-80. After recording the evidence produced by both the sides the learned trial court came to the conclusion that Abrar Ahmed was drawing Rs. 985/- (total emoluments of salary) per month and awarded Rs. 100/- for the minor daughter and Rs. 200/- for Mst. Magidan as monthly maintenance allowance, which was payable with effect from 27-10-80. The petitioner Abrar Ahmed preferred Revisions against the order in the Court of the learned Sessions Judge, Sawaimadhopur, which was dismissed after hearing both the parties.
(2.) THE petitioner has now preferred this application u/s. 482 Cr. P. C. Both the sides on 19-2-86 desired that parties in person may be permitted to be present in court on next hearing so that effort could be made to amicably settle the matter of maintenance once and for ail. THE matter has come up today and both the parties are present in person in court and they desired that instead of payment of maintenance amount every month they may be permitted to settle the matter once and for ever. Both the parties have desired and they have agreed that the petitioner Abrar Ahmed may pay lump-sum amount of Rs. 16,000/- as maintenance once and for all so that there may be no further necessity of going to court every month for Mst. Magidan and her daughter to collect the maintenance amount. The learned counsel for the petitioner Abrar Ahmed has informed that his client has deposited sum of Rs. 6,600/- in the trial Court of which amount Rs. 3,150/- has already been withdrawn by Mst. Magidan. This position is admitted by the opposite side. Now the amount of Rs. 16,000/- agreed upon by both the parties to be lump-sum maintenance amount includes this balance amount of Rs. 3,500/- also lying in trial court. In this way the petitioner Abrar Ahmed will make further payment of Rs. 12,500/-to the non-petitioner Mst. Magidan. The parties are agreed with this balance amount of Rs. 12,500/- may be paid in two monthly instalments. Rs. 6,500/- may be paid on 7th May, 1986 to the Mst. Magidan in the trial court and second instalment of Rs. 6,000/- shall be paid to Mst. Magidan in trial court on 7th June, 1986. Mst. Magidan shall be at liberty to draw at any time the balance amount of Rs. 3,500/- already deposited in trial Court by the petitioner. The petitioner Abrar Ahmed has also deposited as per direction of this court, an amount of Rs. 400/- as expenses of this petition which she will also be entitled to draw. The petition, is therefore, settled as per compromise. If this amount as agreed upon between the parties is paid as mentioned above by the petitioner Abrar Ahmed to Mst. Magidan, she shall not be entitled to receive any further amount u/s 125 Cr. P. C. at any time. Further if the agreed amount is paid as per directions given above this application u/s 482 Cr. P. C. shall stand disposed of. However, if the terms mentioned above are not complied with by the petitioner, both the parties have agreed that this petition shall be treated as dismissed and petitioner Abrar Ahmed shall be liable to pay the maintenance amount as fixed by the trial Court. .;