Himachal Pradesh High Court
Date Of Decision: 11.09.2024 vs Hari Ram on 11 September, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
2024:HHC:8347
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Criminal Revision No.219 of 2024
Date of Decision: 11.09.2024
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Smt. Lachhmi Devi and others .......Petitioners
Versus
Hari Ram ... Respondent
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Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1.
For the Petitioners:
For the Respondent: Mr. L.S. Mehta, Advocate.
r to
Mr. Subhash Chander, Advocate.
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Sandeep Sharma, Judge(oral):
By way of instant Criminal Revision Petition filed under
Section 19(4) of the Family Courts Act read with Section 401 of the
Code of Criminal Procedure, challenge has been laid to order dated
06.12.2023 passed by learned Additional Principal Judge, Family
Court, Sundernagar, District Mandi, Himachal Pradesh, whereby
Court concerned, while allowing the petition filed by the petitioners
under Section 125 Cr.P.C, proceeded to award interim maintenance
to the tune of Rs. 4000/- per month to petitioner No.1 and Rs. 2000/-
each to petitioner Nos. 2 to 4 , petitioners have approached this Court
in the instant proceedings, praying therein to modify aforesaid order
and enhance the interim maintenance.
Whether the reporters of the local papers may be allowed to see the judgment?
2024:HHC:8347
2. Having regard to the nature of the dispute and
relationship interse parties, this Court before considering the case on
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its own merit, deemed it necessary to explore possibility of amicable
settlement interse parties and as such, called upon both the parties to
come present before this Court. On 25.7.2024, parties came present
before this Court. Though, on afore date, respondent was ready and
willing to take the petitioner-wife as well as her children back to their
home, but since petitioner-wife wanted to consult her parents, matter
was adjourned for today's date.
3. It is heartening to note that parties have been able to
settle their dispute amicably interse them, whereby they have agreed
to live together from today.
4. During the proceedings of the case, learned counsel
representing the parties have placed on record compromise deed
dated 4.9.2024, arrived interse parties, which is made part of the
record. As per aforesaid compromise, both the parties have agreed to
live peacefully and happily and they have also decided to withdraw all
the cases, be it criminal or civil, having been filed by them against
each other. Amount of interim maintenance awarded by Court below
has been also deposited in the bank account of the petitioner-wife.
Respondent-husband has undertaken not to maltreat and harass the
petitioner-wife as well as his children in future.
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5. Both the petitioner-wife and respondent-husband, who
are present in Court, state on oath before this Court that they of their
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own volition and without there being any external pressure have
entered into the compromise, whereby they have resolved to settle
their dispute amicably interse them. They state that as per the
compromise, they have decided to live together and all the cases filed
by them against each other shall be withdrawn immediately. They
further state that in the event of any default on their part to abide by
the terms and conditions of the compromise, they would render
themselves liable for penal consequence as well as contempt of the
Court. While admitting the contents of the compromise deed placed
on record to be correct, they also admit their signatures upon the
same. Their statements are taken on record.
6. Consequently, in view of the aforesaid settlement arrived
Interse parties nothing remains to be adjudicated in the present
petition and accordingly same is disposed of. Order dated 06.12.2023
passed by learned Additional Principal Judge, Family Court,
Sundernagar, District Mandi, Himachal Pradesh is quashed and set
aside. Pending applications, if any, also stand disposed of.
(Sandeep Sharma),
Judge
September 11, 2024
(shankar)
2024:HHC:8347
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