CRM-M-40637-2018 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
244
CRM-M-40637-2018
Date of Decision:31.10.2018
Harish Chander Sharma and others …..Petitioners
Versus
The State of Punjab and others …..Respondents
CORAM: HON’BLE MR.JUSTICE HARI PAL VERMA.
Present: Mr. M.S. Saini, Advocate,
for the petitioners.
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HARI PAL VERMA, J.(Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for
issuance of a direction to respondent Nos.1 to 4 to provide protection to the
life and liberty of the petitioners at the hands of respondent Nos.5 to 8.
Mr. Rajeev Dev Sharma, Advocate, has put in appearance on
behalf of respondent Nos.5 to 8 and filed his power of attorney, which is
taken on record.
Virtually, the dispute is matrimonial in nature. Petitioner No.1
is married with respondent No.5-Archna and therefore, noticing this fact
this Court vide order dated 14.09.2018 had directed the parties i.e. petitioner
No.1 and respondent No.5 to appear before the Mediation Conciliation
Centre of this Court so as to arrive at some amicable settlement.
Pursuant to the aforesaid order, the parties have joined the
mediation proceedings and with the efforts of Mr. Gaurave Bhayyia
Gilhotra, Advocate, (Mediator), the matter has been compromised for which
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a settlement/compromise-deed dated 22.10.2018 has been reduced into
writing between the parties. The terms conditions of the settlement as
referred in paragraph 5 are reproduced hereunder:-
“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, on the following terms and
conditions:-
a) It has been agreed between the parties that both the
parties will file divorce petition under Section 13-B of
Hindu Marriage Act by way of mutual consent before the
Competent Court at SAS Nagar, Mohali within two month
from 31.10.2018. Both the parties will fully co-operate
with each other in the filing the abovesaid divorce petition.
The first party shall bear the expenses of filing and final
disposal of the divorce petition under Section 13-B under
HMA at SAS Nagar Mohali.
b) That it has further been agreed between the parties
that the first party-shall pay a lump-sum amount of Rs.10.5
Lac (Rupees Ten Lakh Fifty Thousand only) along with
gold articles as a permanent alimony, future maintenance
etc. and shall also hand over wooden articles furniture
including double bed, dressing table, almirah and some
kitchen utensil and quilts and clothes etc. alongwith
education certificates of the girl. It has also been agreed
between the parties that in future both the parties will not
make or file any civil or criminal cases, complaints in any
Court or before any other authority against each other as
well as their relatives and friends with regard to the
present matrimonial dispute.
d) It has further been agreed between the parties that
the second party-wife will not claim any
expenses/maintenance etc. for past, present and future from
the first party after having received the agreed amount of
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CRM-M-40637-2018 3Rs.10.5 Lac and finalization of divorce and receiving of
gold articles.
e) That there is only one case at present pending before
this Hon’ble Court which shall be also decided as per the
compromise and in future no other litigation, complaint,
civil suit, criminal litigation shall be pursued by either
party against each other in relation to the matrimonial
dispute. However, the parties have agreed to file divorce
petition at SAS Nagar, Mohali which shall be filed jointly.
f) That the payment and return of articles shall be
made in following terms:-
(i) That an amount of Rs.1.5 Lac alongwith gold articles
and educational certificates and household goods shall be
delivered to the second party on 31.10.2018 amount of
Rs.1.5 Lac and gold articles and educational certificates
shall be delivered to Archna Sharma before the Hon’ble
Court on 31.10.2018.
(ii) That an amount of Rs.2.5 Lac shall be paid to second
party on making first statement before the Ld. Court in
divorce proceedings at Mohali within a period of two
months. It is agreed between the parties that filing of
divorce petition dates of filing and dates of appearing
before the Court shall be apprised to each other on their
mobile numbers given below:-
(i) Paramvir (brother of Archana) Mobile No.9988777703
e-mail ID Param [email protected]
(ii) Harish Chander Sharma(first party)mobile
No.9815690189e-mail ID [email protected]
(iii) That remaining amount of Rs.6.5 Lac shall be paid to
the second party on making second statement before the
Ld. Court at Mohali in divorce proceedings.”
Learned counsel for the petitioners has argued that so far as the
Certificates, gold articles and agreed amount of `1.5 lac required to be paid
to the respondent No.5 on 31.10.2018 are concerned, the money,
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Certificates and gold articles have been handed over to her.
Learned counsel for respondent Nos.5 to 8 on instructions from
his clients admits the receipt of these articles i.e. (i) Certificates, (ii) gold
articles and (iii) `1.5 lac. As regards the household articles, learned counsel
for the petitioners has submitted that the articles are ready to be delivered
and the respondents can collect those articles during the course of the day
from the residence of the petitioners i.e. Tribune Colony, Kansal.
Learned counsel for respondent Nos.5 to 8 accepts this offer.
Accordingly, the present petition is disposed of as having been
rendered infructuous. The settlement so arrived at between the parties is
made part of record. At the same time, it is made clear that the parties shall
adhere to the terms conditions of the compromise/settlement so arrived at
between them during the mediation proceedings in letter and spirit.
Disposed of accordingly.
October 31, 2018 (HARI PAL VERMA)
seema JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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