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[Cites 4, Cited by 0]

Punjab-Haryana High Court

Gaurav Mantrao vs Lilly Khullar on 6 March, 2018

Author: Lisa Gill

Bench: Lisa Gill

Crl. Misc. No. M-47518 of 2017                                                    [ 1      ]

         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH


                                         Crl. Misc. No. M-47518 of 2017
                                         Date of Decision : March 06, 2018


Gaurav Mantrao .............................................................Petitioner

                          Versus

Lily Khullar................................................................. Respondent



CORAM : HON'BLE MRS. JUSTICE LISA GILL
                      ...

Present:        Dr. Payel Mehta, Advocate
                for the petitioner.

                Respondent in person.

                                 ...

LISA GILL, J. (Oral)

This petition has been filed for modification of decision dated 07.11.2017 passed by the Additional Sessions Judge, Chandigarh in Criminal Appeal No. 204 of 01.04.2017 and Criminal Revision No. 96 of 10.04.2017.

Respondent is present in person. A photocopy of her Driving Licence was taken on record on 21.12.2017.

It is informed that the matter has been amicably resolved between the parties before the Mediation & Conciliation Centre of this Court on 05.03.2018. The Settlement/Agreement dated 05.03.2018 is attached with the file of this case.

The petitioner, duly identified by his counsel is present in 1 of 3 ::: Downloaded on - 17-03-2018 23:01:07 ::: Crl. Misc. No. M-47518 of 2017 [ 2 ] Court.

It is submitted that an application shall be moved for conversion of the petition under Section 13 of the Hindu Marriage Act, 1955 filed by the petitioner into a petition under Section 13-B of the Hindu Marriage Act, 1955.

It is agreed that a total sum of `14 lakhs shall be handed over to the respondent as fulll and final settlement of all her claims-past, present and future qua alimony, maintenance etc. The first instalment of `05 lakhs will be deposited with the respondent at the time of recording of the statements of the parties at first motion in the petition under Section 13-B of the Hindu Marriage Act, 1955. Another sum of `05 lakhs shall be handed over to the respondent at the time of recording of statement of the respondent in respect to the settlement in regard to FIR No. 536 dated 30.10.2013 under Sections 498-A, 406 IPC registered at Police Station Sector 39, Chandigarh. The balance amount of `04 lakhs shall be handed over to the respondent at the time of recording of their statements at second motion in the petition under Section 13-B of the Hindu Marriage Act, 1955. It is further agreed that all pending litigation initiated by the parties against each other shall be withdrawn. Parties have agreed that they will not use, upload or share their personal photographs which may have been taken during their time together in any manner. The data regarding the same would be destroyed by them. The petitioner specifically states that he is not in possession of any kind of inappropriate photographs or data in respect to the respondent and he undertakes that in case any such photograph/data is still with him he shall not share the same or use the same in any manner. In 2 of 3 ::: Downloaded on - 17-03-2018 23:01:08 ::: Crl. Misc. No. M-47518 of 2017 [ 3 ] fact, he would destroy the same.

Learned counsel for the petitioner submits that in view of the compromise, the specific stand of the respondent that she too would withdraw all litigation initiated by her and she would have no further claims apart from the agreed amount qua the petitioner, the present petition has been rendered infructuous.

Disposed of accordingly.


                                                       ( LISA GILL )
06.03.2018                                                JUDGE
rupi

Note: Whether speaking/reasoned                            Yes / No
      Whether Reportable:                                  Yes / No




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