Punjab-Haryana High Court
Rajan vs Sandeep Kaur & Others on 28 August, 2018
Author: Jaishree Thakur
Bench: Jaishree Thakur
Crl. Misc. M-36952 of 2018(O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl. Misc. M-36952 of 2018(O&M)
Date of Decision: August 28, 2018
Rajan
...Petitioner
Versus
Sandeep Kaur and others
...Respondents
CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Suneet Pal Singh Aulakh, Advocate
for the petitioner.
*****
JAISHREE THAKUR, J. (Oral)
This is a petition that has been filed under Section 482 Cr.P.C. seeking to quash summoning order dated 18.7.2018 (Annexure P/6) and application under Section 128 Cr.P.C. (Annexure P/4), filed for execution of the order dated 16.10.2017.
Learned counsel for the petitioner contends that the application filed under Section 128 Cr.P.C. for execution of the order dated 16.10.2017 is not maintainable since there is no decree passed, which has to be executed. It is also submitted that the matter ought to be referred to the Mediation and Conciliation Centre of this Court for amicable settlement of the dispute that has arisen between the parties.
I have heard the learned counsel for the petitioner and have also perused the pleadings of the case.
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Crl. Misc. M-36952 of 2018(O&M) -2-
Without going in to the merits of the case and leaving it open to the petitioner herein to take up the pleas available to him before the executing Court regarding whether the application under Section 128 Cr.P.C. is maintainable or not, I deem it appropriate to direct the District and Sessions Judge, SBS Nagar to refer this matter for Mediation at SBS Nagar itself.
With the aforesaid direction, the petition is disposed of. The petitioner is directed to appear in the trial Court on the date already fixed.
(JAISHREE THAKUR)
August 28, 2018 JUDGE
seema
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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