Kuldeep Singh Jakhu And ORS v. State Of Punjab And Others

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 11.05.2023 Kuldeep Kumar Jakhu and others . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Manmeet Singh Rana, Advoate for the petitioner(s).

Mr. Anmol Singh Sandhu, AAG, Punjab.

Mr. Balram Singh, Advocate as Amicus Curiae (appointed vide order dated 03.03.2023).

**** SANJAY VASHISTH , J. (Oral) 1.

On 09.02.2023, after hearing the petitioners, following order was passed:- "

Prayer in the instant petition filed under Article 226/227 of the Constitution of India, is for issuance of directions to respondents No.2 & 3, to provide protection of lives and liberty of the petitioners, which is in danger at the hands of respondents No.4 to 6.

Actually, it appears that there is matrimonial dispute with respondent No.4-Manju Bala and her other family members i.e. respondents No.5 and 6. Undoubtedly, expressing his grouse as mentioned in the present petition, petitioners have other statutory remedies. However, to resolve the dispute, an attempt can be made by this Court too in the interest of justice. Notice to respondents No.4 to 6 only.

Respondents No.4 to 6 be served through dasti process as well as through registered post.

Adjourned to 03.03.2023.

- 2 - Petitioner No.1-Kuldeep Kumar Jakhu and respondent No.4- Manju Bala may remain present on the next date of hearing before this Court."

2.

Again, on 03.03.2023, when the matter was taken up, following order was passed:- "

In compliance to order dated 09.02.2023, petitoiner No.1 - Kuldeep Kumar Jakhu, and respondent No.4 - Manju Bala, are present in-person in Court today.

Respondent No.4, submits that she does not want to engage any counsel to represent her.

Mr. Balram Singh, Advocate (P-10/1993), who is present in Court is appointed as Amicus Curiae, to assist this Court in the matter looking at the interest of all the private parties and the minor children of petitioner No.1 & respondent No.4. Learned counsel for the petitioner would share the paper book and other relevant record with Mr. Balram Singh, Learned Amicus Curiae.

At this stage, counsel for the parties suggest that let this matter be referred to the Mediation and Conciliation Centre of this Court for amicable solution of the dispute between the parties. Accordingly, petitioner and respondent No.4 are directed to appear before the Mediation and Conciliation Centre of this Court on 09.03.2023, for resolving their disputes in an amicable manner. Needless to say that parties shall remain present on each and every date fixed by the said Forum.

For awaiting report, adjourned to 11.05.2023. Ld. Amicus Curiae, can be contacted by petitioner and respondent No.4 for the purpose of appropriate guidance or rendering assistance to the Mediator before the Mediation and Conciliation Centre of this Court."

3.

Now, the matter has been received back from the Mediation and Conciliation Centre of this Court, wherein, as per report dated 12.04.2023, prepared by Ld. Mediator, 'parties have settled their dispute by way of

- 3 - amicable settlement, which is enclosed herewith. Hence, the case be sent back to the Hon'ble Court for further adjudication.'. 4.

Original settlement/compromise dated 12.04.2023, executed between the parties, forwarded along with aforesaid record, is also taken on record, subject to all just exceptions. Office to tag the same at appropriate place.

5.

As per clause 8 of the aforesaid settlement/compromise, it has been agreed that 'entire dispute between the parties shall stand settled. None of the parties shall institute any unwarranted litigation against each other.'. 6.

Therefore, in view of the undertaking given in the aforesaid settlement/compromise dated 12.04.2023, executed between the parties before the Mediation and Conciliation Centre of this Court, counsel for the petitioners seeks withdrawal of present petition. 7.

Dismissed as withdrawn.

(SANJAY VASHISTH) JUDGE May 11, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No