IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE 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  instalments.   The  current  and  future  amount  of

maintenance were also directed to be paid by 15th day of the following month.

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 also quashed.

....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.

    ......................J.

     [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, February 06, 2009.