Akash Mandal vs State Of Uttarakhand And Others

Ravindra Maithani, J

This revision is preferred against the judgment and order dated 16.11.2019, passed in Misc. Criminal Case No.11 of 2019, Smt. Chandra Mandal and another vs. Akash Mandal, under Section 125 of the Code of Criminal Procedure, 1973 (for short, “the Code”) by the court of Judge, Family Court, Haldwani, District Nainital.

By the impugned judgment and order, an applicant filed under Section 125 of the Code has been allowed and the revisionist had been directed to pay total Rs. 11,000/- maintenance to the private respondents.

Now Withdrawal Application (IA) No.4078 of 2022 has been filed by the revisionist.

Heard learned counsel for the parties through video conferencing and perused the record.

It is the settled principle that a criminal revision once admitted has to be decided on merits irrespective of the presence of the parties.

Instant is an admitted revision. As stated, it is preferred against the judgment and order awarding maintenance under Section 125 of the Code. A statement is given on behalf of the parties, by the learned counsel, that parties have amicably settled the dispute. The revisionist and the respondent no.2 have decided to seek divorce by mutual consent and an application had already been filed in the competent court. In fact, an application for withdrawal of the revision has also been filed by the revisionist.

The statements given on behalf of the revisionist and the private respondents are taken on record. Since, parties have amicably settled the dispute, the revision stands disposed of accordingly.

The withdrawal application stands disposed of accordingly.