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Bankay Bihari Verma & Others vs Amit Kumar Verma on 4 May, 2017

IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA

Cr.M.M.O. No. 102 of 2017
Date of Decision: 04.05.2017

.

Bankay Bihari Verma others …Petitioners.

Versus

Amit Kumar Verma ..Respondent.

Coram:

The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice.

Whether approved for reporting?1No.
For the Petitioners: Mr. Sunny Dhatwalia, Advocate, for
the petitioners.

For the Respondent: Mr. Sanjeev Kuthiala, Advocate, for

the respondent.

Sanjay Karol, Acting Chief Justice (oral)

On the basis of a private complaint, so filed by

Amit Kumar Verma, respondent herein, notice came to be

issued by the Judicial Magistrate, 1st Class, Court No.2,

Nalagarh, District Solan, H.P., in terms of the impugned order

dated 28.05.2015.

2. It be only observed that parties before this Court,

are close relatives. In fact, Monika Verma (petitioner No.5) is

wife of respondent Amit Kumar Verma. Disputes inter se

parties arise out of matrimonial issues. Noticeably, various

1
Whether reporters of the local papers may be allowed to see the judgment?

05/05/2017 23:58:04 :::HCHP
2

proceedings came to be initiated by the parties, against each

other, in the different Courts within the States of Uttar

Pradesh and Himachal Pradesh. In one such proceedings,

.

parties through the process of mediation and conciliation,

entered into a compromise dated 05.05.2016, terms whereof,

are reproduced as under:-

“1. Disputes and differences had arisen between the
Parties.

2. The matter was referred to mediation / conciliation vide
order date 06.01.2016 by Hon’ble Mr. Justice Om
Prakash-VII.

3. The parties agreed that Mr. Abrar ahmad and Ms.
Poonam Singh Sengar, Advocates would act as their

Conciliator/Mediator, in the Mediation Case
No.0416/2016.

4. Several joint and separate meetings were held during

the process of Conciliation/Mediation on 18.02.2016,
10.03.2016, 07.04.2016, 21.04.2016 and 05.05.2016

and the parties have with the assistance of the
Mediators/Conciliators voluntarily arrived at an

amicable solution resolving the above-mentioned
disputes and difference.

5. The parties hereto confirm and declare that they have

voluntarily and of their own free will arrived at this
Settlement Agreement in the presence of the
Mediator/Conciliator.

6. That in pursuance of interim settlement agreement
dated 21.04.2016 the following settlement agreement
has been arrived at between the Parties hereto:-

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a. That the marriage of Sri Amit Kumar Verma
(Applicant No.1-husband) and Smt. Monika
Verma (O.P. No.2-wife) was solemnized on
18.11.2011. After some time of their marriage

.

the relations between the husband and wife

became strained and hence they have been
living separately since 19.06.2014. No issue was

born out of aforesaid wedlock.

b. That Sri Amit kumar Verma (Applicant No.1-

husband) and Smt. Monika Verma (O.P. No.2-

wife) have decided to separate/take mutual

divorce on the condition of a permanent alimony
amount of Rs. 14,00,000 (Rupees Fourteen Lac
Only). This is the full and final payment from the
r side of husband and his family members. After

receiving the same she will not be entitled to
claim any maintenance etc. regarding the
present dispute.

c. That today i.e. on 05.05.2016 both parties
appeared before the centre alongwith certified
copy of divorce petition no. 429/2016 (Amit

Kumar Verma Vs Smt. Monika Verma) pending
before Principal Judge, Family Court, Aligarh.

d. That today an amount of Rs. 7,00,000/- (Rupees
seven lac only) is being handed over to Smt.

Monika Verma through demand draft bearing no.
477275 dated 20.04.2016 issued by Punjab
National Bank, Najibad Branch, in the name of
Monika Verma, which was retained at the centre.
e. That both parties have agreed that the remaining
amount of Rs.7,00,000/- (Rupees seven lac only)
shall be paid to opposite aprty no.2 at the time of

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finalization of divorce petition before court
concern at Aligarh.

f. That it has also agreed between the parties that
all cases filed by them against each other shall

.

be withdrawn by moving appropriate application

before the court below. The details of cases are
as under:-

(i) Case No.396/2015 (Bankey Bihari Verma Vs
Amit Kumar Verma others) u/s 498-A, 323,
504, 506 IPC and ¾ D.P. Act pending in the
court of ACJM Court No.-4 Aligarh.

(ii) Case No.2073/2014 (Smt. Monika Verma Vs
Amit Kumar Verma others) u/s

12,18,19,20,21 22 of Domestic Violence Act
pending in the court of ACJM Court No.-4
r Aligarh.

(iii) Case No.694/2014 (Smt.Monika Verma Vs Amit
Kumar Verma) u/s 125 Cr.P.C. pending at
Principal Judge, Family Court, Aligarh.

(iv) Case No. 387/2015 (Smt. Monika Verma Vs
Amit Kumar Verma others) u/s 406 IPC
pending in the court of ACJM Court no.4,

Aligarh.

(v) Case No.1-3 of 2015 u/s 9-A, Civil Judge (Junior

Division Court No.-II), Nalagarh, Solan,
Himachal Pradesh.

(vi) Case No. 173/2 of 2014 u/s 380/34 IPC pending

at Judicial Magistrate Ist Class Court No.2,
Nalagarh, Solan, Himachal Pradesh.”

3. Pursuant thereto, present petitioners have

approached this Court, for quashing of impugned order dated

28.05.2015, passed by Judicial Magistrate, 1st Class, Court

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No.2, Nalagarh, District Solan, H.P., in Case No. 173/2 of

2014, titled as Amit Kumar Vs. Bankay Bihari.

4. Before this Court, Amit Kumar Verma, respondent

.

herein, states that he is ready and willing to withdraw the

complaint, which led to the passing of impugned order.

Prayer accepted. Respondent is permitted to withdraw the

complaint. Consequentially impugned order dated

28.05.2015, passed by Judicial Magistrate, 1st Class, Court

No.2, Nalagarh, District Solan, H.P., in Case No. 173/2 of

2014, titled as Amit Kumar Vs. Bankay Bihari (Annexure P-2)

is quashed and set aside.

5. Sh. Bankay Bihari and Monika Verma, who are

present in Court, through their learned counsel, undertake to

withdraw all proceedings, so initiated by them, reference

whereof, is recorded in sub-clause ‘c’ ‘f’ of clause-6 of

settlement dated 05.05.2016 (Annexure P-3).

6. Statements of Sh. Amit Kumar Verma, respondent

herein, and Smt. Monika Verma (petitioner No.5) stand

recorded. I am of the considered view that terms of

settlement entered into between the parties are just, fair and

legal. The settlement is also in favour of the parties as also in

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the interest of justice. Parties are bound by the same and

have been made aware of consequences of breach thereof.

7. As such, complaint shall be deemed to have been

.

disposed of. Registry shall send a copy of this order to the

concerned Magistrate, which shall be placed on the Court file.

8. With the aforesaid observations, present petition

stands disposed of accordingly, so also pending

application(s), if any.

r to
Copy dasti.

( Sanjay Karol),

Acting Chief Justice.
May 4, 2017
(Purohit)

05/05/2017 23:58:04 :::HCHP

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