Between vs Sh. Raj Kumar. Besides This
2021 Latest Caselaw 5892 HP

                                    1

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

              ON THE 27th DAY OF DECEMBER, 2021
                          BEFORE




                                                              .
           HON'BLE MR. JUSTICE AJAY MOHAN GOEL





                  CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC
                  No. 140 of 2018





    Between:-
    SHRI RAJ KUMAR, S/O SH.
    SANSAR     CHAND,       R/O
    VILLAGE   SHORAR,     POST





    OFFICE JOLSAPUR, TEHSIL
    NADAUN, H.P., PRESENTLY
    WORKING AS NO. 041621569,
    HC/RO, BARRACK NO. 3, GC,
    CRPF,             CAMPUS,

    CHANDRAYANGUTTA,

    KESHOGIRI           (POST)
    HYDRABAD, T.S. (STATE), PIN-
    500005.
                                                     ...PETITIONER


    (BY SHRI ONKAR JAIRATH, ADVOCATE)
    AND




    SMT. MEENA KUMARI, W/O SH.
    RAJ KUMAR, S/O SH. SANSAR
    CHAND, R/O VILLAGE SORAR,





    POST OFFICE JOLSAPPAR,
    TEHSIL NADAUN, DISTRICT
    HAMIRPUR, H.P., PRESENTLY





    RESIDING WITH HER FATHER
    SH. ONKAR CHAND, VILLAGE &
    POST OFFICE DANGRI, TEHSIL
    NADAUN, DISTRICT HAMIRPUR,
    HIMACHAL PRADESH.
                                              ...RESPONDENTS
    (BY   SHRI   PUSHPENDER               JASWAL,
    ADVOCATE)
    PARTIES ARE PRESENT IN PERSON.
    Whether approved for reporting? No.
__________________________________________________________




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             This petition coming on for hearing this day, the Court passed the
following:
                                 JUDGMENT

.

The petitioner and respondent are present in person, who

have been duly identified by their respective counsel.

2. By way of this petition filed under Section 482 of the Criminal

Procedure Code, the petitioner has prayed for the following relief:-

"It is, therefore, respectfully prayed that this Hon'ble Court may kindly be pleased to allow the present petition and be further pleased to quash the

order dated 01.03.2018 (Annexure P-1) passed by

learned Additional Chief Judicial Magistrate, Nadaun, District Hamirpur in Cr. MA No. 23-IV-2018.

Any other order which this Hon'ble Court

deems fit and proper in the facts and circumstances of the present case may kindly be passed in favour of the

petitioner and against the respondent."

3. Taking into consideration the fact that the dispute was

between husband and wife, the Court in its wisdom, referred the matter for

mediation. On account of the endeavour being made by learned Mediator

as well as the assistance rendered by learned counsel for the parties, the

matter now stands amicably settled between the parties and the parties

have now agreed to live with each other as husband and wife and they

have also agreed to withdraw the cases which were filed by them against

each other. The Court has had a discussion with the parties in the Court

and they submit that they have now resolved and settled their issues and

have agreed to live with each other with peace and harmony.

.

4. In this view of the matter, the petition is disposed of by

recording the amicable settlement of the matrimonial issues between the

parties and accordingly, by invoking its inherent jurisdiction, this Court

orders the quashing of impugned order, dated 01.03.2018, passed by the

Court of learned Additional Chief Judicial Magistrate, Nadaun, District

Hamirpur, H.P. in Cr. MA No. 23-IV-2018, titled as Smt. Meena Kumari Vs.

Sh. Raj Kumar. Besides this, the petition itself, which was filed by the

respondent-wife against the petitioner-husband under the provisions of the

Domestic Violence Act, 2005, in which the impugned order was passed by

the learned Court below, is also ordered to be closed as withdrawn on the

basis of the statement which has been made in the Court today by the

respondent-wife. In addition, it is directed that the petitioner-husband

himself or though counsel shall withdraw the proceedings which have

been filed by him under Section 13 of the Hindu Marriage Act against the

respondent-wife within four weeks from today. The respondent-wife shall

also be at liberty to apprise the Court below where the proceedings for

divorce stand filed, of the order so passed by this Court today in these

proceedings. Miscellaneous applications, if any, also stand disposed of.

(Ajay Mohan Goel) Judge December 27, 2021 (bhupender)