MUHAMMAD ALI vs The STATE — 1972 PCRLJ 1

Citation: 1972 PCRLJ 1

Court: Lahore High Court

Year: 1971

Decision Date: 1971-07-15

Parties: MUHAMMAD ALI vs The STATE

Headnotes

Case cited as 1972 PCRLJ 1

Judgment Text

Court Name: Lahore High Court Judge(s): Ataullah Sajjad Title: MUHAMMAD ALI vs The STATE Case No.: Criminal Revision No. 326 of 1965 Date of Judgment:1971-07-15 Reported As: 1972 P Cr. L J 1 Result: N/A Judgment ORDER The petitioner was informed by express post card on 8th July 1971, that the case shall be heard on 14th July 1971. He has not turned up. [1] observed by the District Magistrate that the Magistrate should have better dismissed the application under section 488, Cr. P. C. and left the parties to enforce the compromise in the civil Court. A compromise may be a bar to an application under section 489, Cr. P. C., but there is nothing in law to prevent a Magistrate to enforce his order for the payment of maintenance-even if the parties have arrived at a compromise. Another distinguishing feature in this case is that the maintenance was granted to the minor children and the learned Magistrate was justified in enforcing the compromise. The recommendation is, therefore, rejected and the case is sent back for necessary action. Recommendation rejected.

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