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High Court of Punjab and HaryanaCRM-M/18966/2015disposed of

Sawinder Singh v. Palak Bagga

2016-03-29Mr. Justice Inderjit Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 29.03.2016 Sawinder Singh ..Applicant-Petitioner

Versus

Palak Bagga ..Respondent

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

1. Whether reporters of local newspapers may be allowed to see judgment? Yes/No

2. To be referred to reporters or not? Yes/No

3. Whether the judgment should be reported in the Digest? Yes/No

Present:

Mr. Deepak Aggarwal, Advocate for Mr. Veneet Sharma, Advocate for the applicant-petitioner.

Mr. Sandeep Sharma, Advocate for the respondent.

Daya Chaudhary, J. (Oral) CRM-9660 of 2016 The present application has been filed for placing on record compromise dated 16.03.2016 arrived at between the parties and also for disposal of main petition in terms of compromise arrived at between the parties.

Learned counsel for the applicant-petitioner also requests for hearing of main petition.

On his request, the main petition is taken up for hearing today itself.

CRM-M-18966 of 2015 Respondent-Palak Bagga moved an application under

Section 125 Cr.P.C. for grant of maintenance. The Chief Judicial Magistrate, Amritsar, vide order dated 02.01.2007 allowed the application and awarded an amount of `3500/- per month to the respondent and the remaining amount of `2000/- was to be contributed by Amardeep Kaur-mother of the respondent. The aforesaid order was challenged by way of filing revision petition before learned Additional Sessions Judge, Amritsar, which was dismissed vide order dated 08.08.2008. Thereafter, an application was moved by the respondent under Section 127 Cr.P.C. claiming enhanced maintenance @ `10,000/- per month. The application was allowed and amount of maintenance was enhanced from `3500/- per month to `5500/- per month.

Said order of enhancement was also challenged by way of filing revision petition before learned Additional Sessions Judge, Amritsar and vide order dated 14.05.2015, the petitioner was directed to pay an amount of `20,000/- per month to the respondent from the date of filing of application and mother of the respondent was directed to pay an amount of `10,000/- per month.

Thereafter, the present petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing of order dated 14.05.2015 passed by learned Additional Sessions Judge, Amritsar. During pendency of this petition, Criminal Misc. No.9660 of 2016 has been filed for placing on record the compromise arrived at between the parties and also for disposal of main petition in view of the compromise arrived at between the parties.

An affidavit has also been filed by Amardeep Kaur-mother of the respondent wherein factum of compromise has been affirmed. Amardeep Kaur-mother of the respondent is also present in the Court and has also affirmed the factum of compromise. It has been mentioned in the affidavit that in terms of settlement arrived at between the parties, an amount of `27,00,000/- has been settled to be paid to the respondent. Out of which, an amount of `20,00,000/- is to be paid in the shape of FDR in favour of the respondent and the remaining amount of `7,00,000/- has already been paid to the respondent in cash.

Learned counsel for the petitioner as well as counsel for the respondent submit that the parties to the dispute are happy with the settlement arrived at between them and are not having any grouse against each other.

Accordingly, impugned order dated 14.05.2015 passed by Additional Sessions Judge, Amritsar is set-aside in view of the compromise arrived at between the parties.

Disposed of accordingly.

29.03.2016 (DAYA CHAUDHARY) neetu JUDGE