1.0 Present Criminal Revision Application under Section 397 r/w Section 401 of the Code of Criminal Procedure has been preferred by th petitioner husband original opponent to quash and set aside the impugned judgment and order dated 13.7.2005 passed by the learned Revisional Court passed in Criminal Revision Application No.84 of 2005, by which,t the learned Revisional Court has partly allowed the said Revision Application by modifying the order passed by the learned Magistrate passed in Criminal Miscellaneous Application No.75 of 2003 and consequently directing the applicant husband to pay Rs.5000/ per month to respondent no.2 wife for her maintenance under Section 125 of Code of Criminal Procedure.
2.0 This Criminal Revision Application was heard by this Court on 11.10.2012 and this Court passed an order directing the learned advocate for the applicant to place on record the salary slips of January 2004 to January 2012 and it was adjourned to today. Today when the present Criminal Revision Application is taken up for further hearing instead of producing the aforesaid documents, Shri Trivedi, learned advocate for the applicant seeks permission to withdraw the present Criminal Revision Application unconditionally.
3.0 Shri Panam Soni, learned advocate for the respondent no.2 wife has stated at the Bar that as such he has no objection in permitting the applicant to withdraw the present application however has stated at the bar that respondent no.2 wife may prefer an application for enhancement of the maintenance under Section 127 of the Code of Criminal Procedure as the order passed by th learned Magistrate is of the year 2003 and the order passed by the learned Revisional Court is of the year 2007.
4.0 In view of the above and without prejudice to the rights of respondent no.2 wife to submit the appropriate application for enhancement of the maintenance under Section 127 of the Code of Criminal Procedure, the applicant is permitted to withdraw the present application unconditionally. Rule is discharged. Adinterim relief granted earlier stands vacated forthwith.
kaushik sd/ (M.R.SHAH,J.)