Himachal Pradesh High Court
Mohammad Tarik vs State Of Himachal Pradesh & Others on 1 December, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr.MMO No. 518 of 2019 & Cr.MMO No.517
.
of 2018
Date of Decision: December 1, 2022
1. Cr.MMO No. 518 of 2019
Mohammad Tarik ...Petitioner.
Versus
State of Himachal Pradesh & others ..Respondents.
2. Cr.MMO No. 517 of 2018
Mohammad Mosin & another ...Petitioner.
Versus
Jaspal Singh & another ..Respondents.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner(s): Mr.G.C. Gupta, Senior Advocate, alongwith
Ms.Meera Devi, Advocate, vice Mr.Deepak
Gupta, Advocate, in both petitions.
Mohammad Tarik and Mohammad Arif,
both sons of Mohammad Ikram, are present
in person
For the Respondent: Mr. Raju Ram Rahi, Deputy Advocate
General, for respondents No.1 and 3 in
Cr.MMO No.518 of 2019 & for respondent
No.2 in Cr.MMO No.517 of 2018.
Mr.G.D. Verma, Senior Advocate, alongwith
Mr.Bhagwati Chander Verma, Advocate, for
respondent No.2 in Cr.MMO No.518 of 2019
and for respondent No.1 and 3 in Cr.MMO
No.517 of 2018.
1 Whether reporters of the local papers may be allowed to see the judgment?
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2
Sardar Jaspal Singh and his wife Renu
Singh, are present in person.
Mr.Jagat Paul, Advocate, for respondent
Nos.4 to 8 in Cr.MMO No.517 of 2018.
.
Vivek Singh Thakur, J (oral)
Mohammad Tarik and Sardar Jaspal Singh, present in Court, have filed an application in Cr.MMO No.518 of 2019, for placing on record Compromise Deed arrived at between them and to decide the matters/Civil Suit/Cases accordingly which are pending adjudication between them in various Courts.
Application is duly supported by affidavits of Mohammad Tarik and Sardar Jaspal Singh. Compromise Deed arrived at between the parties and Special Power of Attorney of Mosin, brother of Mohammad Tarik, have also been filed alongwith application.
Application alongwith documents is taken on record. Be registered.
2. Mohammad Tarik, his brother Mohammad Arif are present in person in the Court, who are duly identified by learned counsel of Mohammad Tarik. Another brother of Mohammad Tarik, namely Mosin is stated to be ill and, therefore, he is not present. However, Special Power of Attorney executed by him has been placed on record alongwith application, whereby Mohammad Tarik has been authorized to depose and compromise the matter on his behalf. Mohammad Arif present in person is also a witness to the Compromise Deed.
3. Sardar Jaspal Singh alongwith his wife Renu Singh is present in person.
::: Downloaded on - 02/12/2022 20:32:30 :::CIS 34. Statements of Mohammad Tarik and Sardar Jaspal Singh have been recorded on oath. Their respective statements have been counter signed by Mohammad Arif and Ms.Renu Singh.
.
5. Mohammad Tarik, in his statement, has stated as under:-
"Dispute with respect to Shop No.123/7, Lower Bazaar Shimla, regarding possession thereof has been amicably settled and settlement arrived between us i.e. myself, my brother Mosin and Sardar Jaspal Singh, has been reduced into writing in terms of compromise in principle. We have filed joint application endorsing compromise and for deciding matters pending in this Court as well as matters pending before other Courts i.e. Chief Judicial Magistrate, Judicial Magistrate First Class, Court No.8, Shimla, H.P., Civil Judge, Court No.7, Shimla, H.P., and Sub Divisional Magistrate (Urban) Shimla and any other dispute between us, in terms of compromise. Application has been signed by me for myself and on behalf of my brother Mosin, who is not able to attend the Court due to ailment but has executed Special Power of Attorney for this purpose in my favour. Application is also signed by Sardar Jaspal Singh. Our Advocates have also signed the application which is Ex.CA. Application has been supported by my affidavit Ex.CB and affidavit of Sardar Jaspal Singh Ex.CC. Alongwith application Compromise Deed Ex.CD has been filed. Special Power of Attorney executed by Mosin in my favour is Ex.CE. Compromise has been signed by me as well as Sardar Jaspal Singh in presence of witnesses.
As per compromise, I have paid a sum of `1,00,000/- to Sardar Jaspal Singh and remaining amount of `66,00,000/- is being paid by me, by ::: Downloaded on - 02/12/2022 20:32:30 :::CIS 4 handing over a Demand Draft bearing No. XAE912507 dated 25.09.2022 prepared by me and issued by Punjab National Bank, Lift The Mall, Shimla, H.P., in favour of Sardar Jaspal Singh, which is legal and valid tender for drawing `66,00,000/- in favour of .
Sardar Jaspal Singh. Sardar Jaspal Singh, in turn, has relinquished his right of possession of Shop No.123/7, Lower Bazaar, Shimla, H.P. in my favour.
For all intents and purposes, I have no objection for transfer of Electricity connection, Water connection or any other documents related to and required for running the shop in reference in my favour. Sardar Jaspal Singh has no objection for transfer of tenancy by the Wakf Board in my name. Sardar Jaspal Singh has handed over me No Objection Certificates in the shape of affidavit. Sardar Jaspal Singh has agreed to handover key of the lock put by him on the shop on or before 02.12.2022 and in case he is unable to handover the key, I shall have right to break the lock after removal of sealed lock by order of SDM (U) Shimla.
We have agreed for quashing of FIR No.231 of 2011, registered in Police Station Sadar, Shimla, under Section 342, 448 and 149 IPC and consequential proceedings arising thereto, pending before Chief Judicial Magistrate, Shimla, H.P., in Case No.87-2 of 2012, titled as State Vs. Jaspal Singh and others as well as FIR No.158 of 2012, registered in Police Station Sadar, Shimla, H.P., under Sections 454 and 380 IPC and consequential proceedings arising thereto in Case titled as State vs. Jaspal Singh pending adjudication before Judicial Magistrate First Class, Court No.8, Shimla, H.P. We have also decided to close the proceedings pending before Sub Divisional Magistrate (Urban) Shimla, under Sections 145 and 146 Cr.P.C., as the dispute with respect to possession of the Shop stands settled between us and Sardar ::: Downloaded on - 02/12/2022 20:32:30 :::CIS 5 Jaspal Singh has relinquished his claim for possession of the shop in my favour. We have also decided to close proceedings in Civil Suit Registration No.900739/2013, titled as Mohammad Tarik vs. Jaspal Singh, pending adjudication before Civil Judge, .
Court No.7, Shimla, H.P. Rent of the shop in reference was being deposited by Sardar Jaspal Singh in the High Court in furtherance to order passed by the Court in CMP No.2448 of 2022 in CWP No.47 of 2022, titled as H.P. Wakf Board vs. State of H.P. Custodian. Sardar Jaspal Singh has deposited the rent of the shop till December 2022 and payment/deposit of rent thereafter, shall be my responsibility and I shall be depositing the same.
r A case with respect to the shop is
pending before the Wakf Board Tribunal,
Dharamshala, H.P., wherein both of us are party. The said case is to be contested by me and Sardar Jaspal Singh has no objection to decide the same in my favour and he has agreed to render necessary cooperation and help for settling the same in accordance with law.
Contents of the application Ex.CA as well as Compromise Deed Ex.CD have been readover to me in vernacular i.e. Hindi and I have understood the same and have signed the same after understanding the contents thereof and I shall abide by the terms and conditions of the compromise narrated therein as well as deposition made by me hereinabove. I endorse my signatures on application Ex.CA, affidavit Ex.CB and Compromise Deed Ex.CD.
My aforesaid deposition as well as entering in the compromise and signing the same is out of my free will, consent and without any external pressure, coercion or threat of any kind."::: Downloaded on - 02/12/2022 20:32:30 :::CIS 6
6. Sardar Jaspal Singh, in his statement, has stated as under:-
"I have heard statement of Mohammad Tarik. His statement is in consonance with .
compromise arrived at between us. I endorse the same to be true and correct. I undertake to abide by the compromise. I endorse my signatures on application Ex.CA, affidavit Ex.CC and Compromise Deed Ex.CD. I shall handover keys of the shop on 02.12.2022 to Mohammad Tarik. In case keys are not handed over, I shall have no objection for breaking the lock put by me. As per compromise neither I, nor any other legal heir of my father or our successor-in-interest, shall claim any right in the shop in reference.
My aforesaid deposition as well as entering in the compromise and signing the same is out of my free will, consent and without any external pressure, coercion or threat of any kind."
7. Mr.Jagat Paul, learned counsel, for respondent Nos.4 to 8, in his statement has stated as under:-
"I am representing respondent Nos.4 to
8 in Cr.MMO No.517 of 2018. I am duly authorized to make statement on their behalf. I have instructions to communicate that these respondents have no interest and concern with the shop in reference and, thus, they have no objection for any compromise arrived at between Mosin, Mohammad Tarik and Sardar Jaspal Singh.
My aforesaid deposition is strictly in consonance with instructions imparted to me by respondent Nos.4 to 8."
8. Contents of application, affidavits of Mohammad Tarik and Sardar Jaspal Singh, Compromise Deed and Special ::: Downloaded on - 02/12/2022 20:32:30 :::CIS 7 Power of Attorney of Mosin have been placed on record as Ex.CA, Ex.CB, Ex.CC, Ex.CD and Ex.CE respectively.
9. In view of aforesaid compromise arrived at between the parties, FIR No.231 of 2011, registered in Police Station .
Sadar, Shimla, under Sections 342, 448 and 149 IPC and proceedings arising thereto pending adjudication before the Chief Judicial Magistrate, Shimla, in Case No.87-2 of 2012, titled as State vs. Jaspal Singh and others; FIR No.158 of 2012, registered in Police Station Sadar, Shimla, under Sections 454 and 380 IPC and proceedings arising thereto, pending adjudication before Judicial Magistrate First Class, Court No.8, Shimla, are quashed and the concerned Magistrates are directed to close the same accordingly on production of this order by either party.
10. Proceedings pending before Sub Divisional Magistrate (Urban) Shimla, under Sections 145 and 146 Cr.P.C.
are also ordered to be closed in terms of compromise with direction to SDM (U) Shimla to pass an appropriate order for handing over the possession of the shop to Mohammad Tarik alongwith material lying inside the shop and also to pass an order for release of the articles, if any, taken into possession by the police/SHO Police Station Sadar, Shimla, in connection with those proceedings, to hand over the same to Mohammad Tarik forthwith, on production of copy of this order by either party.
11. Civil Suit Registration No.900739/2013, titled as Mohammad Tarik vs. Jaspal Singh, pending adjudication before ::: Downloaded on - 02/12/2022 20:32:30 :::CIS 8 Civil Judge, Court No.7, Shimla, H.P., is ordered to be closed as compromised between the parties on production copy of this order by either party and in such eventuality, Court fee shall also be refunded to the plaintiff, if and as permissible under law.
.
12. Sardar Jaspal Singh is directed to handover key of lock put by him on the shop to Mohammad Tarik on or before 02.12.2022 and in case key is not handed over to him, Mohammad Tarik shall have right to break the said lock after removal of sealed lock by order of SDM (U) Shimla.
13. Parties are directed to take every step on their part to ensure compliance of compromise arrived at between them.
14. These petitions are disposed of in terms of compromise. Statements of parties, application Ex.CA and Compromise Deed Ex.CD shall also form part of the order/ judgment.
15. Pending application(s), if any, also stand disposed of.
16. Parties are permitted to produce/use copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the concerned Courts/authorities concerned, and the said Courts/authorities shall not insist for production of a certified copy but if required, may verify passing of judgment from Website of the High Court.
(Vivek Singh Thakur), Judge.
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