IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Misc. Petition No.2045/2008 S.B. Criminal Misc. Stay Application No. 1353/2008 Date of Order :: 24th May, 2011 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Surendra Singh Chaudhary for Mr. V.S. Badhwar, Counsel for the petitioner Mr. G.S. Fauzdar, PP for the State of Rajasthan BY THE COURT:
By way of the instant Criminal Misc. Petition, the petitioner has impugned the order dated 19th June, 2008, whereby the Judge, Family Court No.2, Jaipur ordered the maintenance allowance of Rs. 700/- to be paid by the petitioner every month to his wife Smt. Pushpa.
Having considered the submissions made at the bar and carefully perused the impugned order, it is noticed that both the petitioner as also the respondent no.2 settled their dispute by way of compromise before Lok Adalat and Judge, Family Court No.2, Jaipur, with the consent of both the parties, raised the amount of maintenance allowance from Rs. 400/- to Rs. 700/- to be paid per month by the husband (petitioner) to his wife. Since the impugned order is found to have been passed with the consent of both the parties, there does not appear to be any perversity or illegality in the impugned order nor this Court under Section 482 of CrPC is required to interfere with the order passed by Lok Adalat as the inherent powers under Section 482 of CrPC are required to be exercised sparingly, that too when the gross miscarriage of justice is found to have occurred. The impugned order is found to be just and proper, which warrants no intervention and the criminal misc. petition being bereft of any merit deserves to be dismissed, which stands dismissed accordingly.
Consequent upon the dismissal of Criminal Misc. Petition, the stay application, filed therewith, does not survive and that also stands dismissed.
(MAHESH BHAGWATI),J.
DK/-