Facts
The applicant invoked Section 482 Cr.P.C. to challenge an order directing him to pay respondent no. 2 monthly maintenance of ₹20,000 and the appellate order affirming that direction.
Source reference: para. 1During the application, the applicant and respondent no. 2 settled their disputes.
Source reference: para. 2The settlement recorded payment of ₹57 lakh to respondent no. 2 and a further ₹5 lakh to their son in full and final settlement of the specified monetary and matrimonial claims; it also recorded that respondent no. 2 and the son had handed over possession of their respective portions, if any, at “Ram Niwas” and relinquished relevant claims against the applicant.
Source reference: paras. 2, 6–8The intervenor asserted a 55% interest in the property, as against the applicant’s 45% share.
Source reference: paras. 3–5The parties accepted that respondent no. 2’s residential claim, if any, would be confined to the applicant’s 45% share.
Source reference: paras. 3–5Issues
1. Whether the impugned maintenance orders should be quashed in light of the parties’ settlement and full-and-final payment.
Source reference: paras. 2, 6–92. Whether respondent no. 2’s potential residential claim against “Ram Niwas” should be confined to the applicant’s 45% share.
Source reference: paras. 3–5Law Applied
Section 482 Cr.P.C. provides the High Court with inherent jurisdiction to make orders necessary to give effect to its orders, prevent abuse of the process of any court, or secure the ends of justice.
Source reference: paras. 1–10The judgment applied that jurisdiction to the parties’ settlement and the circumstances recorded before the Court.
Source reference: paras. 1–10It cited no precedent or other statutory provision as the basis for its decision.
Source reference: paras. 1–10Reasoning
The Court accepted the settlement, including the payments and the parties’ confirmation that possession had been handed over and relevant residential or possessory claims against the applicant relinquished to the extent legally permissible.
Source reference: paras. 6–8It also recorded the agreed limitation that respondent no. 2’s residential claim, if any, would be against the applicant’s 45% share, not the intervenor’s 55% share.
Source reference: paras. 3–5Finding that nothing remained to be adjudicated between the settling parties, the Court exercised its Section 482 jurisdiction to quash the challenged orders.
Source reference: paras. 8–10Holding
The Court allowed the application under Section 482 Cr.P.C. and quashed the order dated 19 December 2015 in D.V. Case No. 102 of 2010 and the appellate order dated 14 January 2020 in Criminal Appeal No. 186 of 2018, in terms of the settlement.
It clarified that respondent no. 2’s residential claim, if any, was confined to the applicant’s 45% share in “Ram Niwas”.
Source reference: para. 5Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19731
Original Court PDF
TRILOK SINGHvsSTATE OF UTTARAKHAND
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
