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Judgment
15 paragraphs · 241 wordsS.A.Dharmadhikari, J
Heard finally with the consent of both the parties.
This revision petition, under section 397 read with 401 of the Cr.P.C. has been filed assailing the orders dated 12/12/2019 and 13/12/2019 passed in
Case No. 516/2019 pending before Principal Judge, Family Court, Gwalior, whereby recovery/arrest warrant has been issued against the petitioner on
an application under section 125(3) of the Cr.P.C.
Vide order dated 12/7/2021 passed in F.A. No.233/2014, a settlement has been arrived at between the parties, in pursuance whereof
petitioner/father of proforma respondent-husband has deposited five bank drafts each of Rs.8,00,000/-(Rupees eight lacs only) in total Rs.40,00,000/-
(Rupees forty lacs only) with the Registry of this Court vide note-sheet dated 29/6/2021. The said amount is to be released to the respondent/wife only
after all the litigations presently pending between the parties either in the Family Court or before this Court are withdrawn or decided finally and proof
in this regard is filed before the Registry of this Court.
In view of the aforesaid, respondent has no objection if the impugned orders are quashed.
Accordingly, in view of the settlement arrived at between the parties vide order dated 12/7/2021 (Supra) passed in F.A. No.233/2014, the impugned
orders dated 12/12/2019 and 13/12/2019 (Annexure P/1) whereby recovery/arrest warrant has been issued against the petitioner are set aside and the
recovery/arrest warrant is hereby recalled.
The petition, accordingly, stands allowed to the extent indicated above.