Himachal Pradesh High Court
Smt. Sangita Sharma And Another vs Shri Rohit Kalia on 23 May, 2018
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No.: 191 of 2016 Date of Decision: 23.05.2018 .
_____________________________________________________________________ Smt. Sangita Sharma and another ....Petitioners.
Vs.
Shri Rohit Kalia .....Respondent.
Coram:
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 No For the petitioners: Mr. N.K. Thakur, Senior Advocate, with r Mr. Divya Raj Singh, Advocate.
For the respondent: Mr. Bhupender Gupta, Senior Advocate, with M/s Neeraj Gupta, Ajit Jaswal & Poonam Gehlot, Advocates.
(Oral):
Ajay Mohan Goel, Judge On 21.04.2018, this Court had passed the following order:
"It is heartening to note that as a result of the efforts put in by Mr. N.K.Sood, learned Senior Counsel, who was requested by the Court to act as Mediator, as also as a result of the positive attitude shown by the parties and sincere efforts put in by leaned Counsel representing the parties now the matter stands amicably resolved between the parties. In fact, as a result of the mediation proceedings, this Court stands informed that the parties have agreed not to pursue the issue, subject matter of 1 Whether the reporters of the local papers may be allowed to see the Judgment?::: Downloaded on - 25/05/2018 23:01:21 :::HCHP 2
the present petition and all other matters pending intra them in view of the settlement. Separate statements of petitioner No. 1 as well as respondent stand recorded to this effect. Terms and settlement so filed by the learned .
Mediator, execution and contents whereof stand acknowledged by the parties and their respective Counsel, is ordered to be taken on record and be treated as part of the proceedings.
Parties have stated that the terms and settlement so arrived at between them shall be read not only in this case but also in all other cases which are pending between them in various Courts, which also find mention in Terms and settlement. Registry is directed to forthwith call for records of all the cases which are pending between the parties in various Courts in the State of Himachal Pradesh, details of which shall be provided by the learned Counsel for the parties during the course of the day.
List on 23.05.2018 for further orders, as jointly prayed for."
2. The details of the litigations, which now stand settled in terms of the settlement arrived at between the parties are enumerated hereinbelow:
"1. Petition filed under Section 13 of the Hindu Marriage act pending in the Court of learned District Judge, Una being HMA No. 166 of 2017 alongwith petition under Section 24 of the Hindu Marriage Act bearing Case No. HMA 24/12 of 2018, titled as Sangeeta Kalia Vs. Rohit Kalia .::: Downloaded on - 25/05/2018 23:01:21 :::HCHP 3
2. Petition filed under Section 125 of the Code of Criminal Procedure pending in the Court of learned Chief Judicial Magistrate, Una bearing Case No. 125 Cr. PC/13 of 2015 alongwith Execution Petition bearing No. .
Cr.M.A. 591 of 2016, titled as Sangeeta Kalia Vs. Rohit Kalia.
3. Petition filed under the provisions of Domestic Violence Act, titled as Sangeeta Kalia Vs. Rohit Kalia pending in the Court of learned Chief Judicial Magistrate, Una bearing Case No. D.V. Act 34/2015 alongwith Cr. M.A. No. 308 of 2015, titled as Sangeeta Kalia Vs. Rohit Kalia.
4. Petition filed under the Guardians and Wards Act pending before the Court of learned Civil Judge (Senior Division), Una, bearing Case No. GWA No. 3 of 2015, titled as Rohit Kalia Vs. Sangeeta Kalia.
5. FIR No. 284 of 2015 (UTR/CR/39/2016) registered for commission of offence under Section 498 a of the Indian Penal Code against Shri Rohit Kalia and others pending before the Court of learned Chief Judicial Magistrate, Una.
3. Statements of the parties recorded on 21.04.2018 shall also form part of this order, as also the terms of settlement entered into before the learned Mediator. Report of the learned Mediator is reproduced hereinbelow:
"Pursuant to the orders of the even date passed by the Hon'ble Court, the records of the case have been sent for attempting a mediated settlement between the parties of all their pending disputes. In ::: Downloaded on - 25/05/2018 23:01:21 :::HCHP 4 this background, learned counsel for the parties and the parties as above alongwith S/sh. Baldev Raj Kalia, Smt. Meena Kalia (parents of the respondent) and Sh. Somnath Sharma, father of the petitioner are also .
present to join the mediation proceedings.
During the course of deliberation held between the parties in presence of their Ld. Counsel as also in individual sessions, it transpires that parties are locked in multifarious litigation. There are about ten cases pending in different Courts between the parties at Chandigarh, Una and in the Hon'ble High Court of Himachal Pradesh at Shimla.
The parties and the learned counsel remained associated in the mediation process today for more than eight hours. With the assistance of learned counsels and meaningful positive attitude of the parties, all pending disputes between them have been settled as per settlement separately recorded. Thus, the Registry is requested to arrange the listing of the case and also placing this report before the Hon'ble Court for appropriate orders on 21.04.2018."
4. In view of the report of the learned Mediator, as also the terms of settlement and order dated 21.04.2018, coupled with the statements of the parties, separately recorded in the case, this petition is disposed of in terms of the settlement so arrived at between the parties and all the cases inter se the parties, which have been mentioned hereinabove are also ordered to be closed. Parties shall be at liberty to apprise this fact ::: Downloaded on - 25/05/2018 23:01:22 :::HCHP 5 to the respective Courts where these matters are pending by producing a copy of this order before the said Court.
5. This Court places on record its appreciation to the efforts put .
in by the learned Mediator, as also by the learned Senior Counsel for the parties and also to the parties to the lis, who agreed to have the issues between them amicably settled in terms of the settlement so arrived at.
Liberty is reserved to the parties to approach this Court in case need so arises with regard to the closure of the cases, including criminal cases, which are presently pending between the parties.
Miscellaneous applications, if any, also stand disposed of.
(Ajay Mohan Goel) Judge May 23, 2018 (bhupender) ::: Downloaded on - 25/05/2018 23:01:22 :::HCHP