Minakshi Gaur Vs.
Chitranjan Gaur & ANR.  INSC 234 (6 February 2009)
JURISDICTION CRIMINAL MISCELLANEOUS PETITION NO.13897 OF 2008 IN AND CRIMINAL
APPEAL NO.1080 OF 2008 Minakshi Gaur ...Petitioner(s)/ Appellant (s) Versus
Chitranjan Gaur and Anr. ...Respondent(s)
O R D E R
Heard learned counsel
for the parties.
The petition filed by
the wife Smt. Minakshi Gaur under Section 125 of the Code of Criminal
Procedure, 1973 was dismissed by Family Court, Agra. That order was confirmed
by the High Court in Criminal Revision No.222 of 2005. 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 14th July, 2008, directing the
husband to pay maintenance at the rate of Rs.5,000/- per month from 1st
November, 1998 till 31st July, 2008 in installments. The current and future
amount of maintenance were also directed to be paid by 15th day of the
After sometime, the
husband, Chitranjan Gaur filed Criminal Miscellaneous Petition No.13897 of 2008
for recall of order dated 14th July, 2008.
During the pendency
of that petition, the parties have settled all their disputes and grievances
and filed compromise petition.
....2/- -2- We have
gone through the compromise petition. In our view, the compromise is lawful. Accordingly,
while maintaining our order dated 14th July, 2008, granting leave, we recall
other portions of that order and disposed 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/- by way of permanent alimony,
out of this Rs.60,000/- 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 learned counsel appearing on behalf of the husband to the learned
counsel appearing on behalf of the wife in court today.
(b) Prosecution of
husband-Chitranjan Gaur and others in case 2743 of 1998 titled State vs.
Chitranjan Gaur and Others pending in the Court of Chief Judicial Magistrate,
Agra, within the state of Uttar Pradesh, is quashed.
(c) 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) 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) 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
....3/- -3- (f)
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 Meenakshi Gaur vs. Chitranjan Gaur, pending before
the Allahabad High Court, shall stand withdrawn as infructuous.