Mohd. Hussain S/o Shri Sadique Shah Kazi v. Mst. Rahisa W/o Shri Mohd. Hussain
1998-09-09
ARUN MADAN
body1998
DigiLaw.ai
JUDGMENT 1. -Heard learned counsel for the petitioner. 2. During the course of hearing learned counsel for the petitioner has stated that subsequent to the impugned order dated 10.7.1998 passed by learned Judicial Magistrate, 1st Class, Bhadra in Criminal Misc. Case No. 82/98, in pursuant of which warrant of attachment for realisation of Rs. 10,000/- on account of maintenance proceedings Ws. 125(3) Cr.P.C. were passed by the trial Court. Compromise was arrived at between parties on 20.9.1997. This fact is also borne out from the order dated 20.9.1997 passed by the trial Court from which it is apparent that the petitioner has taken complete responsibility of looking after his wife respondent No. 1 and also a minor son respondent No. 2. 3. In view of the terms of compromise as agreed dues of recovery towards maintenance also having been settled. It is hereby directed that after the compromise dated 20.9.1997, any order which has been passed by the trial Court prior to the said date, shall stand inoperative being inconsequential. The warrants for attachment dated 10.7.1998 issued by learned Judicial Magistrate, 1st Class, Bhadra in Criminal Misc. Case No. 32/98 in pursuant to the proceedings under section 125(3) Cr.P.C. shall stand dropped. 4. With the above observations, the criminal miscellaneous petition stands disposed of. *******