Court No. - 72
Case :- APPLICATION U/S 482 No. - 7517 of 2019 Applicant :- Mohd. Asif Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Anup Kumar Khare Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Ms. Shabana Nizam, learned counsel on behalf of opposite party no. 2 has filed short counter affidavit sworn by opposite party no. 2, Ms. Afsana Parveen herself, in which she had admitted that she entered into compromise with other-side, namely the applicant in maintenance case no. 61 of 2015 and has been paid Rs. 6,00,000/- and has prayed that in the event order passed under Section 125 Cr.P.C, which is impugned in this petition is quashed, she will have no objection. She asserts that monthly maintenance awarded by the court below has been compromised for Rs. 6,00,000/-
From the facts as have emerged from the order dated 11.7.2017, it is clearly reflected that the maintenance case was allowed for Rs. 5000/- per month in favour of opposite party no. 2. The opposite party no. 2 however has obtained total sum of Rs. 6,00,000/- in break up of Rs. 5,00,000/- through demand draft and Rs. 1,00,000/- in cash. The photo copy of the demand draft is annexed as annexure 5 to the affidavit filed in support of the application.
In view of above and the statement made by learned counsels appearing for respective parties, there remains no dispute and the order dated 11.7.2017 is accordingly quashed. The application is consigned to record.
Order Date :- 26.2.2019 Sanjeev