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High Court of Punjab and HaryanaCRM-M/2892/2025disposed of

Ankush Sharma v. Radhika Sharma

2025-01-21Ms. Justice Kirti Singh2 pages

CRM-M-2892-2025 (O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Sr. No.113 CRM-M-2892-2025 (O&M) Date of decision : 21.01.2025 ANKUSH SHARMA ..... Petitioner

VERSUS

RADHIKA SHARMA ..... Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Ketan Antil, Advocate for the petitioner(s).

***** KIRTI SINGH, J. (Oral) The present petition under Section 528 of BNSS, 2023 has been filed for issuance of directions to the learned trial Court to decide the complaint/application under Section 340(1) of Cr.P.C., 1973, bearing CRM No. 86 of 2024, dated 03.04.2024, titled "Ankush Sharma v. Radhika Sharma" (Annexure P-3), which is pending before the learned Principal Judge, Family Court, Panchkula, in an expeditious and time-bound manner. 2.

Learned counsel for the petitioner submits that the respondent has submitted a false affidavit regarding her income and assets in the petition filed under Section 125 Cr.P.C before the learned trial Court and this concealment of material facts resulted in an ex-parte order of maintenance of Rs. 1,00,000/- in favor of the respondent. The petitioner filed aforesaid complaint under Section 340(1) Cr.P.C. alleging perjury by the respondent, on 03.04.2024. The hearing was adjourned to 26.07.2024 for consideration. The petitioner moved an application on 31.05.2024 for KAVITA NAIN 2025.01.22 11:18 I attest to the accuracy and integrity of this document order/judgment preponement of the case, but the same was dismissed on 04.06.2024. On

CRM-M-2892-2025 (O&M) 2 26.07.2024, the case was listed for proceedings, but arguments could not be heard due to a strike by advocates, leading to an adjournment to 29.10.2024. Another application for preponement was filed by the petitioner, which was dismissed on 02.08.2024. On 29.10.2024, the learned Trial Court adjourned the case to 11.12.2024, citing a request for adjournment by the petitioner's counsel, which the petitioner denies making. On 11.12.2024, the case was not taken up as the Presiding Officer was on leave, and it was further adjourned to 14.12.2024. On 14.12.2024, the case could not be heard as it was listed before the Lok Adalat, resulting in yet another adjournment to 19.02.2025. The petitioner is suffering due to these unwarranted and avoidable delays.

3.

Heard.

4.

In view of the above submissions, and without delving into the merits of the case, the present petition is disposed of with a direction to the learned Trial Court to decide the pending application under Section 340(1) Cr.P.C. expeditiously and not later than six months from the date of this order.

5.

The petition is disposed of in the above terms. 6.

Pending application(s), if any, shall also be disposed of accordingly.

(KIRTI SINGH) JUDGE 21.01.2025 Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No KAVITA NAIN 2025.01.22 11:18 I attest to the accuracy and integrity of this document order/judgment