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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No.: 191 of 2016
Date of Decision: 23.05.2018
.
Smt. Sangita Sharma and another ….Petitioners.
Vs.
Shri Rohit Kalia …..Respondent.
Coram:
The Hon’ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1 No
For the petitioners: Mr. N.K. Thakur, Senior Advocate, with
r Mr. Divya Raj Singh, Advocate.
For the respondent: Mr. Bhupender Gupta, Senior Advocate,
with M/s Neeraj Gupta, Ajit Jaswal
Poonam Gehlot, Advocates.
(Oral):
Ajay Mohan Goel, Judge
On 21.04.2018, this Court had passed the following
order:
“It is heartening to note that as a result of the efforts put
in by Mr. N.K.Sood, learned Senior Counsel, who wasrequested by the Court to act as Mediator, as also as a
result of the positive attitude shown by the parties and
sincere efforts put in by leaned Counsel representing
the parties now the matter stands amicably resolved
between the parties. In fact, as a result of the mediation
proceedings, this Court stands informed that the parties
have agreed not to pursue the issue, subject matter of
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Whether the reporters of the local papers may be allowed to see the Judgment?
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the present petition and all other matters pending intra
them in view of the settlement. Separate statements of
petitioner No. 1 as well as respondent stand recorded to
this effect. Terms and settlement so filed by the learned.
Mediator, execution and contents whereof stand
acknowledged by the parties and their respective
Counsel, is ordered to be taken on record and be treatedas part of the proceedings.
Parties have stated that the terms and
settlement so arrived at between them shall be read notonly in this case but also in all other cases which are
pending between them in various Courts, which also
find mention in Terms and settlement. Registry isdirected to forthwith call for records of all the cases
which are pending between the parties in various Courts
in the State of Himachal Pradesh, details of which shallbe provided by the learned Counsel for the parties
during the course of the day.
List on 23.05.2018 for further orders, as
jointly prayed for.”
2. The details of the litigations, which now stand settled in
terms of the settlement arrived at between the parties are enumerated
hereinbelow:
“1. Petition filed under Section 13 of the Hindu
Marriage act pending in the Court of learned District
Judge, Una being HMA No. 166 of 2017 alongwith
petition under Section 24 of the Hindu Marriage Act
bearing Case No. HMA 24/12 of 2018, titled as
Sangeeta Kalia Vs. Rohit Kalia .
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2. Petition filed under Section 125 of the Code
of Criminal Procedure pending in the Court of learned
Chief Judicial Magistrate, Una bearing Case No. 125 Cr.
PC/13 of 2015 alongwith Execution Petition bearing No.
.
Cr.M.A. 591 of 2016, titled as Sangeeta Kalia Vs. Rohit
Kalia.
3. Petition filed under the provisions of
Domestic Violence Act, titled as Sangeeta Kalia Vs.
Rohit Kalia pending in the Court of learned Chief
Judicial Magistrate, Una bearing Case No. D.V. Act34/2015 alongwith Cr. M.A. No. 308 of 2015, titled as
Sangeeta Kalia Vs. Rohit Kalia.
4. Petition filed under the Guardians and
Wards Act pending before the Court of learned Civil
Judge (Senior Division), Una, bearing Case No. GWA No.
3 of 2015, titled as Rohit Kalia Vs. Sangeeta Kalia.
5. FIR No. 284 of 2015 (UTR/CR/39/2016)
registered for commission of offence under Section 498
a of the Indian Penal Code against Shri Rohit Kalia andothers pending before the Court of learned Chief
Judicial Magistrate, Una.
3. Statements of the parties recorded on 21.04.2018 shall also
form part of this order, as also the terms of settlement entered into before
the learned Mediator. Report of the learned Mediator is reproduced
hereinbelow:
“Pursuant to the orders of the even date
passed by the Hon’ble Court, the records of the case
have been sent for attempting a mediated settlement
between the parties of all their pending disputes. In25/05/2018 23:01:21 :::HCHP
4this background, learned counsel for the parties and
the parties as above alongwith S/sh. Baldev Raj Kalia,
Smt. Meena Kalia (parents of the respondent) and Sh.
Somnath Sharma, father of the petitioner are also.
present to join the mediation proceedings.
During the course of deliberation held
between the parties in presence of their Ld. Counsel asalso in individual sessions, it transpires that parties
are locked in multifarious litigation. There are about
ten cases pending in different Courts between theparties at Chandigarh, Una and in the Hon’ble High
Court of Himachal Pradesh at Shimla.
The parties and the learned counsel
remained associated in the mediation process today for
more than eight hours. With the assistance of learned
counsels and meaningful positive attitude of theparties, all pending disputes between them have been
settled as per settlement separately recorded. Thus,
the Registry is requested to arrange the listing of thecase and also placing this report before the Hon’ble
Court for appropriate orders on 21.04.2018.”
4. In view of the report of the learned Mediator, as also the
terms of settlement and order dated 21.04.2018, coupled with the
statements of the parties, separately recorded in the case, this petition is
disposed of in terms of the settlement so arrived at between the parties and
all the cases inter se the parties, which have been mentioned hereinabove
are also ordered to be closed. Parties shall be at liberty to apprise this fact
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5to the respective Courts where these matters are pending by producing a
copy of this order before the said Court.
5. This Court places on record its appreciation to the efforts put
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in by the learned Mediator, as also by the learned Senior Counsel for the
parties and also to the parties to the lis, who agreed to have the issues
between them amicably settled in terms of the settlement so arrived at.
Liberty is reserved to the parties to approach this Court in case need so
arises with regard to the closure of the cases, including criminal cases,
which are presently pending between the parties.
Miscellaneous applications, if any, also stand disposed of.
(Ajay Mohan Goel)
Judge
May 23, 2018
(bhupender)
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