[1.0] RULE. Shri Y.J. Patel, learned advocate waives service of notice of Rule on behalf of respondent Nos.2 to 4 and Shri L.B. Dabhi, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent No.1. In the facts and circumstances of the case and with the consent of learned advocates appearing on behalf of respective parties, present application is taken up for final hearing today. [2.0] Present Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) has been preferred by the applicant herein – husband – original opponent to quash and set aside the impugned judgment and order dated 03.11.2011 passed by the learned 3rd Additional Sessions Judge, Surendranagar in Criminal Revision Application No.33 of 2011 by which the learned Revisional Court has partly allowed the said revision application preferred by respondent Nos.2 to 4 herein – original accused by modifying the judgment and order passed by the learned Magistrate and consequently directing the applicant to pay Rs.5000/ per month to minor Jayrajsinh and Rs.3500/ per month to minor son Rushirajsinh towards maintenance under Section 125 of the CrPC w.e.f. 02.09.2008.
[3.0] After the matter was argued at length by the learned advocates appearing on behalf of respective parties, there is a broad consensus between the learned advocates appearing on behalf of respective parties, under the instructions from their respective clients that instead of Rs.8500/ as awarded by the learned Appellate Court towards the maintenance of two minor sons, the same may be reduced to Rs.4500/ per month i.e. Rs.2000/ per month towards the maintenance of minor Jayrajsinh and Rs.2500/ per month to minor Rushirajsinh w.e.f. 02.09.2008 and to consequently modify the impugned judgment and order passed by the learned Revisional Court. Learned advocates appearing on behalf of respective parties does not invite any further reasoned order. Hence, this Court is not assigning any further reasoned order while partly allowing the present revision application and modify the impugned judgment and order passed by the learned Revisional Court to the extent stated herein above.
[4.0] In view of the above and for the reasons stated above, present Revision Application succeeds in part. Impugned judgment and order dated 03.11.2011 passed by the learned 3rd Additional Sessions Judge, Surendranagar in Criminal Revision Application No.33 of 2011 is hereby modified to the extent directing the applicant to pay a sum of Rs.2000/ per month towards the maintenance to minor Jayrajsinh and Rs.2500/ per month towards maintenance to minor Rushirajsinh w.e.f. 02.09.2008. The applicant to pay the aforesaid amount of Rs.4500/ per month towards the maintenance of respondent Nos.3 and 4 every month as and when due and payable between 1st and 10th of every English calender month. Arrears, if any, on the basis of the present order shall be cleared within a period of four weeks from today. Rule is made absolute accordingly.
(M.R. Shah, J.) menon