Prateek Tiwari And Others vs Kirti Tiwari And Others

Sandeep Sharma, J

Pursuant to order dated 14.9.2020, parties have come present. Sh. Gautam Sood, learned counsel representing the petitioner-Prateek Tiwari, has

handed over an application filed under Section 482 Cr.P.C, seeking therein leave of this Court to pay a sum of Rs. 60 lakhs to respondent Smt. Kirti

Tiwari and her daughter Ms. Shimona Prateek pursuant to order dated 14.9.2020, whereby, parties to the lis agreed to settle their dispute amicably

inter-se them for a sum of Rs. 60 lakh in toto. Aforesaid application is taken on record and Registry is directed to register the same.

Though, in the aforesaid application, it has been averred that as per mutually agreed terms and conditions of the settlement, a sum of Rs. 15 lakh

was agreed to be paid to Ms. Shimona Prateek on account of her marriage and education expenses out of total amount of Rs. 60 lakh, but perusal of

order dated 14.9.2020 reveals that this court having taken note of the prayer made on behalf of the respondent Smt. Kirti Tiwari that some more

amount over and above 50 lakh agreed to be paid by the petitioner be paid to her, had directed the petitioner to pay a sum of Rs. 60 lakh in toto to Smt.

Kirti Tiwari towards permanent alimony, education and marriage of her daughter Miss Shimona Prateek. Aforesaid proposal was happily accepted by

Smt. Kirti Tiwari as well as Sh. Prateek Tiwari and to that effect, statements of both the parties stand recorded and have been made part of the

record. Complete details with regard to mode of payment as stand averred in para-3 of the application, are reproduced as under:-

 “3. That in compliance of the orders dated 14.9.2020 and amicable and mutual settlement arrived into between the parties, the petitioner has paid

the entire amount to Miss Shimona Prateek and Smt. Kirti Tiwari in the following manner:

(i) An amount of Rs. 15 Lakhs towards marriage and education expenditure of Miss Shimona Prateek vide Demand Draft No. 505837 dated

9.12.2020 drawn on ICICI Bank Ghaziabad amounting to Rs. 10 Lakhs in the name of Ms. Shimona Prateek and Demand Draft No. 505844 dated

11.12.2020 drawn on ICICI bank Ghaziabad amounting to Rs. 5 Lakhs in the name of Ms. Shimona Prateek, total amounting to Rs. 15 Lakhs.

(ii) An amount of Rs. 45 Lakhs to Smt. Kirti Tiwari vide Demand Draft No. 505892 dated 18.12.2020 amounting to Rs. 15 Lakhs drawn on ICICI

Bank Ghaziabad in favour of Smt. Kirti Tiwari, Demand Drafts Nos No.506058, 506059, 506060 dated 30.12.2020 drawn on ICICI Bank, Ghaziabad

amounting to Rs. 30 Lakhs, total amounting to Rs. 45 Lakhs.â€​

Demand drafts, as detailed in aforesaid para of the application, have been handed over to Ms. Kirti Tiwari in the Court. Since, entire sum in terms

of order dated 14.09.2020 as well as statements given by the parties on oath before this Court on 14.09.2020 stands paid to the respondent Kirti Tiwari

as well as her daughter Miss Shimona Prateek by way of demand draft as detailed herein above, orders dated 4.1.2020 & 11.3.2020, Annexures P-7

and P-8, passed by learned Chief Judicial Magistrate, Shimla in Case No. 232-4 of 2019 titled Kirti Tiwari v. Prateek Tiwari, are ordered to be

quashed and set aside. Besides above, all the cases/pending proceedings filed by the parties to lis against each other, detail whereof is given in para-4

of the application, are also quashed and set aside in terms of amicable settlement arrived inter-se parties as well as statements recorded before this

Court on 14.09.2020. Needless to say, pursuant to aforesaid amicable settlement arrived inter-se parties, respondent Kirti Tiwari as well as her

daughter Ms. Shimona Prateek shall have no claim, if any, against the petitioner.

Learned counsel representing the parties have also agreed before this Court that in terms of amicable settlement, joint petition under Section 13-B

of the Hindu Marriage Act, duly signed by the parties, praying therein for dissolution of marriage by way of mutual consent, shall be filed within a

period of two days from today. In the aforesaid terms, the petitions are disposed of, so also pending application(s), if any.