Himachal Pradesh High Court
Prateek Tiwari vs Kirti Tiwari on 5 January, 2021
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO Nos. 169, 216 of 2020
& Cr. Revision No. 118 of 2020
Decided on: 5.1.2021
.
___________________________________________________________
1. Cr.MMO No. 169 of 2020
Prateek Tiwari ...........Petitioner
Versus
Kirti Tiwari ..........Respondent
________________________________________________________________
2. Cr.MMO No. 216 of 2020
Prateek Tiwari ...........Petitioner
Versus
Kirti Tiwari ..........Respondent
3. Cr.RNo.118 of 2020
Kirti Tiwari ...........Petitioner
Versus
Prateek Tiwari ..........Respondent
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner(s) : Mr. Gaugam Sood, Advocate, for the
petitioner(s) in Cr.MMO Nos. 169 and 216 of
2020 and for the respondent in Cr.R. No.
118 of 2020.
For the Respondent(s). Mr. Arjun Lal, Advocate, for the
:
respondent(s) in Cr.MMO Nos. 169 and
216 of 2020 and for the petitioner in Cr.R.
No. 118 of 2020.
________________________________________________________________
Sandeep Sharma, Judge (oral):
Pursuant to order dated 14.9.2020, parties have come
present. Sh. Gautam Sood, learned counsel representing the petitioner-
Prateek Tiwari, has handed over an application filed under Section 482
Cr.P.C, seeking therein leave of this Court to pay a sum of Rs. 60 lakhs to
1 Whether the reporters of the local papers may be allowed to see the judgment?
respondent Smt. Kirti Tiwari and her daughter Ms. Shimona Prateek
pursuant to order dated 14.9.2020, whereby, parties to the lis agreed to
.
settle their dispute amicably inter-se them for a sum of Rs. 60 lakh in toto.
Aforesaid application is taken on record and Registry is directed to register
the same.
2. Though, in the aforesaid application, it has been averred that
as per mutually agreed terms and conditions of the settlement, a sum of
Rs. 15 lakh was agreed to be paid to Ms. Shimona Prateek on account of
her marriage and education expenses out of total amount of Rs. 60 lakh,
but perusal of order dated 14.9.2020 reveals that this court having taken
note of the prayer made on behalf of the respondent Smt. Kirti Tiwari that
some more amount over and above 50 lakh agreed to be paid by the
petitioner be paid to her, had directed the petitioner to pay a sum of Rs. 60
lakh in toto to Smt. Kirti Tiwari towards permanent alimony, education and
marriage of her daughter Miss Shimona Prateek. Aforesaid proposal was
happily accepted by Smt. Kirti Tiwari as well as Sh. Prateek Tiwari and to
that effect, statements of both the parties stand recorded and have been
made part of the record. Complete details with regard to mode of
payment as stand averred in para-3 of the application, are reproduced as
under:-
"3. That in compliance of the orders dated 14.9.2020 and
amicable and mutual settlement arrived into between the
parties, the petitioner has paid the entire amount to Miss
.
Shimona Prateek and Smt. Kirti Tiwari in the following manner:
(i) An amount of Rs. 15 Lakhs towards marriage and
education expenditure of Miss Shimona Prateek vide
Demand Draft No. 505837 dated 9.12.2020 drawn on
ICICI Bank Ghaziabad amounting to Rs. 10 Lakhs in the
name of Ms. Shimona Prateek and Demand Draft No.
505844 dated 11.12.2020 drawn on ICICI bank Ghaziabad
amounting to Rs. 5 Lakhs in the name of Ms. Shimona
Prateek, total amounting to Rs. 15 Lakhs.
(ii) An amount of Rs. 45 Lakhs to Smt. Kirti Tiwari vide
Demand Draft No. 505892 dated 18.12.2020 amounting to
Rs. 15 Lakhs drawn on ICICI Bank Ghaziabad in favour of
Smt. Kirti Tiwari, Demand Drafts Nos No.506058, 506059,
506060 dated 30.12.2020 drawn on ICICI Bank,
Ghaziabad amounting to Rs. 30 Lakhs, total amounting to
Rs. 45 Lakhs."
3. Demand drafts, as detailed in aforesaid para of the
application, have been handed over to Ms. Kirti Tiwari in the Court. Since,
entire sum in terms of order dated 14.09.2020 as well as statements given
by the parties on oath before this Court on 14.09.2020 stands paid to the
respondent Kirti Tiwari as well as her daughter Miss Shimona Prateek by
way of demand draft as detailed herein above, orders dated 4.1.2020 &
11.3.2020, Annexures P-7 and P-8, passed by learned Chief Judicial
Magistrate, Shimla in Case No. 232-4 of 2019 titled Kirti Tiwari v. Prateek
Tiwari, are ordered to be quashed and set aside. Besides above, all the
cases/pending proceedings filed by the parties to lis against each other,
detail whereof is given in para-4 of the application, are also quashed and
.
set aside in terms of amicable settlement arrived inter-se parties as well as
statements recorded before this Court on 14.09.2020. Needless to say,
pursuant to aforesaid amicable settlement arrived inter-se parties,
respondent Kirti Tiwari as well as her daughter Ms. Shimona Prateek shall
have no claim, if any, against the petitioner.
4. Learned counsel representing the parties have also agreed
before this Court that in terms of amicable settlement, joint petition under
Section 13-B of the Hindu Marriage Act, duly signed by the parties,
praying therein for dissolution of marriage by way of mutual consent, shall
be filed within a period of two days from today. In the aforesaid terms, the
petitions are disposed of, so also pending application(s), if any.
(Sandeep Sharma)
Judge
5th January, 2021
(reena)
