Piaro vs Neelam And Others

Sandeep Sharma, J

By way of instant Cr. Revision petition filed under Ss. 397 and 401 CrPC, challenge came to be laid to order dated 7.3.2020 passed by Principal Judge, Family Court, Chamba, District Chamba, Himachal Pradesh in Petition No. 96 of 2019 (125 CrPC), whereby learned court below, while allowing application under S. 125 CrPC, filed by the respondents, directed the petitioner herein to pay Rs.2,500 per month to the petitioner No.1 and Rs.1,250 each to petitioners Nos. 2 and 3 from the date of petition.

Having regard to nature of dispute inter se parties, this court directed parties to remain present in the court. On 15.7.2022, parties came present in court and agreed to get the matter settled for all times to comes. As per amicable settlement arrived inter se parties, petitioner expressed readiness to pay Rs.8.00 Lakh in four installments, and such offier/proposal was accepted by respondent No.1 namely Neelam. Pursuant to aforesaid order, entire sum of Rs.8.00 Lakh was deposited in bank account.

On 7.3.2023, learned counsel for the petitioner, while making available receipts with regard to deposit of aforesaid amount in the bank account of respondent No.1, requested the court to call upon respondent No.1 to withdraw all the cases filed by her against the petitioner in terms of compromise arrived inter se parties. Since on that day, learned counsel for the respondents had no instructions with respect to receipt of amount, matter was adjourned for today’s date, enabling learned counsel for the respondents to have instruction.

Mr. Karan Veer Singh, learned counsel for the respondents states that respondent No.1 Neelam is not coming forward to impart instructions, as such, this court may pass appropriate orders.

At this juncture, court has option either to dispose of the petition on the basis of compromise arrived inter se parties or to cause presence of respondents in this court with help and aid of the police as was proposed vide order 7.3.2023.

Mr. Vijay Chaudhary, learned counsel for the petitioner, while inviting attention of this Court to compromise arrived inter se parties submits that since sum of Rs. 8.00 Lakh in terms of compromise arrived inter se parties, stands received by respondent No.1, as is evident from receipt placed on record, this court may dispose of the petition by quashing order laid challenge in the instant proceedings.

Mr. Karan Veer Singh, learned counsel for the respondents, after having perused the receipts, placed on record, fairly states that nothing remains to be adjudicated in the instant proceedings.

Consequently in view of above said development, this court finds merits in the contention of learned counsel for the petitioner and accordingly the present petition is allowed. Order dated 7.3.2020 passed by learned Principal Judge, Family Court, Chamba, District Chamba, in Petition No. in 96 of 2019 (125 CrPC), is quashed and set aside. Since respondents have already received sum of Rs.8.00 Lakh, agreed to be paid by the petitioner towards final settlement, all the cases inter se parties shall be deemed to have been disposed of and respondent No.1 shall not stake any claim against the petitioner.

Petition stands disposed of in the afore terms alongwith all pending applications.