Punjab-Haryana High Court
Anjali Bhutani vs Narender Bhutani on 27 January, 2017
Author: Rekha Mittal
Bench: Rekha Mittal
CRM-M No.23891 of 2014 & 1
CRM-M No.13051 of 2015(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision: 27.1.2017
1. CRM-M No. 23891 of 2014(O&M)
Anjali Bhutani ....Petitioner
VERSUS
Narender Bhutani .....Respondent
Present: Mr. Parminder Singh, Advocate with
petitioner Anjali Bhutani in person.
Mr. Gaurav Chopra, Advocate with
respondent Narender Bhutani in person.
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2. CRM-M No. 13051 of 2015(O&M)
Narender Bhutani ....Petitioner
VERSUS
Anjali Bhutani .....Respondent
Present: Mr. Gaurav Chopra, Advocate with
petitioner Narender Bhutani in person.
Mr. Parminder Singh, Advocate with
respondent Anjali Bhutani in person.
CORAM: HON'BLE MRS. JUSTICE REKHA MITTAL
REKHA MITTAL, J.(Oral)
By way of this order, I shall dispose of CRM-M No.23891 of 2014 and CRM-M No.13051 of 2015 as these have emerged out of the same orders passed by the Courts below.
With the efforts of counsel for the parties in the Court, parties have arrived at a consensus for disposal of petitions as per terms and conditions agreed upon. In pursuance thereof, counsel(s) for the parties For Subsequent orders see CRM-M-22238-2014, CRM-M-13051-2015, -- and 1 more.
1 of 3 ::: Downloaded on - 04-02-2017 23:36:26 ::: CRM-M No.23891 of 2014 & 2 CRM-M No.13051 of 2015(O&M) have placed affidavits of Anjali Bhutani mark-X and that of Narender Bhutani mark-Y on records. It has been submitted that in view of terms and conditions incorporated in the affidavits, the petitions may be disposed of but some time-bound directions may be issued to the Courts below for decision of revision petition filed by Anjali Bhutani against order dismissing her application under Section 125 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') as well as disposal of the proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short 'the Act').
In view of the above, the petitions stand disposed of subject, however, to the following conditions:-
(1) The parties shall remain bound by the facts mentioned in their respective affidavits during the course of proceedings before the Courts below.
(2) The Revisional Court i.e. Additional Sessions Judge, Karnal shall decide the revision against the order dismissing application of Anjali Bhutani (wife) under Section 125 Cr.P.C. on 14.02.2017, the date already fixed or within a period of 10 days thereafter. (3) The Judicial Magistrate seized of the proceedings under Section 12 of the Act shall conduct the proceedings from day-to-day w.e.f. the date already fixed therein and shall decide the petition on or before 30.04.2017. (4) The parties shall co-operate throughout so that the proceedings are brought to logical end within the aforesaid time-frame.
For Subsequent orders see CRM-M-22238-2014, CRM-M-13051-2015, -- and 1 more.
2 of 3 ::: Downloaded on - 04-02-2017 23:36:27 ::: CRM-M No.23891 of 2014 & 3 CRM-M No.13051 of 2015(O&M) (5) Narender Bhutani (husband) shall deposit an amount of Rs.90,000/- with the Court of Magistrate on or before 14.02.2017 and the same shall be released in favour of Anjali Bhutani (wife) subject to outcome of the proceedings under the Act.
(6) The affidavits filed by the parties limited for the purpose of disposal of aforesaid petitions will not cause prejudice to either of the parties for decision of the cases by the Courts below on merits or litigation, if any, in future.
JANUARY 27, 2017 (REKHA MITTAL) 'D. Gulati' JUDGE Whether speaking/reasoned : yes/no Whether reportable : yes/no
For Subsequent orders see CRM-M-22238-2014, CRM-M-13051-2015, -- and 1 more.
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