High CourtsSingle Bench

Ankit Gupta vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 12 October 2023 · Citation: (2023) 10 UK CK 0058

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 125 · Hindu Marriage Act, 1955 — Section 13B
RESULT
Disposed Of
CASE NUMBER
Criminal Revision No. 83 Of 2020
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Judgment

10 paragraphs · 366 words

Alok Kumar Verma, J

1.

Present Criminal Revision has been filed challenging the judgment dated 23.10.2019, passed by learned Judge, Family Court, Haridwar in Criminal Case No.78 of 2018, “Smt. Priyanka Gupta and Another vs. Ankit Gupta”, by which, the learned Judge has directed the revisionist to pay Rs.40,000/-(Forty thousand) per month to his wife, respondent no.2 and Rs.10,000/- (Ten thousand) per month to his minor son under Section 125 of the Code of Criminal Procedure, 1973.

2.

Both, Revisionist-Ankit Gupta and respondent no.2-Smt. Priyanka Gupta are present through video conferencing.

3.

Mr. Piyush Garg, learned counsel for the revisionist and Mr. Dheeraj Joshi, learned counsel holding brief of Mr. Abhishek Verma, learned counsel for the respondent nos.2 & 3.

4.

Revisionist and respondent no.2 are identified by their learned counsel.

5.

Revisionist and respondent no.2 submit that they have resolved their disputes and after resolving their disputes, they filed an Application under Section 13B of the Hindu Marriage Act, 1955 before the court concerned (Matrimonial Petition No.500 of 2023) and in the present matter, they have filed a Compromise (Misc. Application No.388 of 2023).

6.

Both, the revisionist and respondent no.2 submit that they have agreed that the revisionist shall pay a sum of Rs.35 Lakhs (Thirty Five Lakhs) to the respondent no.2 as permanent alimony in the petition, filed under Section 13B of the Hindu Marriage Act, 1955, and, all the cases pending between the parties, shall be withdrawn. It is also agreed between the parties that the custody of the son will remain with the revisionist-husband and respondent no.2-wife shall have visitation rights.

7.

Both, the revisionist and respondent no.2 further submit that they have filed the said compromise along with affidavits with their free will and without any pressure.

8.

Both, the revisionist and respondent no.2 have requested to decide the present criminal revision in terms of the compromise.

9.

Consequently, With the consent of both the parties, impugned judgment dated 23.10.2019, passed in the said Criminal Case No.78 of 2018, is set aside. Present Criminal Revision (CRLR No.83 of 2020) is disposed of in terms of compromise (Misc. Application No.388 of 2023). The said Compromise shall form part of this order.