Himachal Pradesh High Court
Priyanka Bali And Another vs Union Of India And Others on 13 December, 2022
Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.7050 of 2022
.
Decided on: 13th December, 2022
__________________________________________________________
Priyanka Bali and another
....Petitioners
Versus
Union of India and others
......Respondents
Coram
The Hon'ble Mr. Justice A.A. Sayed, Chief Justice
The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
1 Whether approved for reporting?
For the petitioners: Ms. Madhurika Sekhon Verma,
Advocate.
For the respondents: Mr. Virbahadur Verma, Central
Government Standing Counsel, for
respondent No.1.
Mr. Ashok Sharma, Advocate
General with Mr. Gaurav Sharma,
Deputy Advocate General, for
respondent Nos.2 to 4-State.
Mr. Rajesh Mandhotra, Advocate,
for respondent No.5.
A.A. Sayed, Chief Justice (oral)
The petition has been filed by the petitioners seeking the following reliefs:-
1Whether reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 15/12/2022 20:31:55 :::CIS -2-
"(I) That Your Lordships may graciously be pleased to issue appropriate Writ directing the concerned respondents particularly respondents No.2 and 3 to .
provide the security/police protection to the petitioners, so that Private respondent No.5 would not kill/hurt/ Harass them and may not harm their reputation in the public at large and respondent No.5 may kindly be restrained to interfere in the life of the petitioners. (II) That the respondent No.5 may kindly be directed to remove the derogatory messages which have been posted on facebook page of the respondent No.5 and respondent No.5 further may kindly be restrained to post such messages in future."
2. Petitioner No.1 was married to respondent No.5 in the year 1999, which ended divorce by mutual consent in the year 2020.
3. The allegation in the petition is that respondent No.5 is harassing the petitioners and is posting derogatory remarks and messages against the petitioners on facebook. Several other allegations have also been made by the petitioners against respondent No.5.
4. Reply-affidavit has been filed by respondent No.5, wherein, in paragraphs 2 and 3, he has stated as follows:-
"2. That it is further submitted that lodging of the FIR against the replying respondent by the ::: Downloaded on - 15/12/2022 20:31:55 :::CIS -3- petitioner No.1 is also matter of record. However the replying respondent will prove his innocence during the trial as the challan has been .
presented in the said FIR against the replying respondent. It is submitted that though the replying respondent has filed a complaint before the Women Commission in which allegations are made and undertakes to withdraw the same. However the replying respondent undertakes that he will not harass or misbehave with the petitioners in any manner in future and he r further undertakes not to make any derogatory or defamatory messages regarding the petitioners and himself in the Facebook or any other Social Media Accounts and though the replying respondent has removed all though messages from the Facebook Account however he further undertakes to remove the same if any message posted by him regarding the petitioner and himself is still exist in any other Social Media Account.
3. That the petitioner undertakes that he will abide by all the conditions made by him in the present undertaking and further undertakes to abide by all the conditions which will be imposed by this Hon'ble Court while deciding the present petition."
(Emphasis supplied)
5. In view of the aforesaid reply-affidavit, we accept the ::: Downloaded on - 15/12/2022 20:31:55 :::CIS -4- undertaking of respondent No.5. We make it clear that in the event, there is any harassment to the petitioners in any manner .
by respondent No.5, he will be liable for contempt action.
6. In view of the aforesaid undertaking of respondent No.5, which we have accepted, we dispose of the petition, so also pending miscellaneous application(s), if any.
r to (A.A. Sayed)
Chief Justice
(Jyotsna Rewal Dua)
Judge
December 13, 2022
(Bhardwaj)
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