The Punjab and Haryana High Court reaffirmed that when parties settle and the original maintenance petition under Section 125 CrPC is withdrawn, any pending criminal revision seeking enhancement is liable to be dismissed as withdrawn. The decision follows long-standing precedent, confirming procedural finality in such scenarios, particularly in the context of family disputes.
Summary
| Category | Data |
|---|---|
| Case Name | CRR(F)/1577/2023 of TAJINDER SANDHU Vs PARAMDEEP SINGH ATHWAL |
| CNR | PHHC011407712023 |
| Date of Registration | 03-11-2023 |
| Decision Date | 02-09-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | Ms. Justice Kirti Singh |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding authority within jurisdiction; procedural reaffirmation |
| Type of Law | Criminal Procedure—Family Law (Maintenance Proceedings) |
| Questions of Law | Effect of settlement/withdrawal of Section 125 CrPC maintenance petition on pending revision |
| Ratio Decidendi | When a compromise is effected and the underlying Section 125 CrPC petition is withdrawn, any pending criminal revision petition seeking enhancement of interim maintenance becomes infructuous and is liable to be dismissed as withdrawn on request of the petitioner. |
| Facts as Summarised by the Court | Parties compromised, and the petitioner withdrew the original Section 125 CrPC maintenance petition before the Family Court; consequently, the petitioner sought to withdraw the present revision petition. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of the Punjab & Haryana High Court |
| Persuasive For | Other High Courts, especially in similar procedural circumstances in family law matters |
What’s New / What Lawyers Should Note
- If a Section 125 CrPC petition is settled and withdrawn before the Family Court, any connected criminal revision (including those seeking enhancement of interim maintenance) will be dismissed as withdrawn upon request.
- Compromise/settlement between parties effectively abates pending higher court proceedings on the same cause.
Summary of Legal Reasoning
- The court recorded the submission by counsel that a compromise had been effected and that the original Section 125 CrPC petition for maintenance had been withdrawn, citing the Family Court order as proof.
- The dismissal order of the Family Court (Annexure R-1) was formally taken on record.
- The petitioner’s counsel sought withdrawal of the present criminal revision petition in light of the settlement and withdrawal of the underlying petition.
- The High Court accordingly dismissed the present criminal revision as withdrawn and disposed of all pending applications.
Arguments by the Parties
Petitioner
- Informed the court that a compromise had been reached between the parties.
- Submitted that the Section 125 CrPC maintenance petition had already been withdrawn before the Family Court.
- Sought permission to withdraw the present revision petition.
Factual Background
The petitioner initially filed a revision petition seeking enhancement of interim maintenance awarded by the Family Court, Gurdaspur (Camp Court Batala). Subsequently, the parties entered into a settlement, and the petitioner withdrew the original Section 125 CrPC maintenance petition before the Family Court. The criminal revision in the High Court became infructuous, and the petitioner sought to withdraw it.
Statutory Analysis
- Section 125 CrPC: Provides for maintenance to wives, children, and parents. The withdrawal of the original maintenance petition under this section, following a settlement, renders any related criminal revision proceedings infructuous.
Alert Indicators
- ✔ Precedent Followed – Procedural reaffirmation of established practice regarding withdrawal and dismissal of related revision petitions consequent upon settlement and withdrawal of the main petition.