Muskan And ANR v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Criminal Writ Petition No. 3136 of 2022 Date of Decision: 04.05.2022 Muskan and another .......... Petitioners

Versus

State of Punjab and others .......... Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Mr. Varinder Basa, Advocate for the petitioners. Mr. Hittan Nehra, Additional Advocate General, Punjab None for co-respondents No. 4 & 5.

**** SURESHWAR THAKUR, J. (ORAL) 1.

Co-petitioners No. 1 & 2 who are living in a live-inrelationship, invoke the extra ordinary jurisdiction of this Court, under Article 226 of the Constitution of India, for a mandamus being made upon the official respondents concerned, to ensure the warding off, of life endangering threats, as, allegedly emanate from co-respondents No. 4 to 7.

2.

On 06.04.2022, this Court had, after accepting the request of the learned counsel for co-respondents No. 4 & 5, for theirs being permitted to interact with co-petitioners at the Mediation and Conciliation Centre of this Court, proceeded to make a direction upon the litigants concerned, to record on 21.04.2022, their respective personal appearance(s) before the Mediation and Conciliation Centres of this Court. 3.

The above order has been complied with at the instance of the concerned, and, the report of the Mediator has been placed on record, the relevant paragraph-8 thereof is extracted hereinafter.

C.R.W.P. No. 3136 of 2022 -2- " 8.

The following settlement has been arrived at between the parties hereto:

(a) That Muskan-petitioner No. 1 has stated that she wants to accompany petitioner No. 2-Rohit as per her own wish and there is no pressure or coercion from any side. This is her independent decision as she being major.

(b) That Sukhdev Raj son of Sh. Diwan Chand, father of petitioner No. 2 has stated that he has no objection if his son Rohit-petitioner No. 2 and Muskan-petitioner No. 1 performs marriage and he has assured that he will take care of both the petitioners and will perform their marriage shortly.

(c) That Sukhdev Raj son of Sh. Diwan Chand, father of petitioner No. 2 has further informed that he has taken already divorce from his wife namely Sarabjeet Kaur, mother of Rohit and is living separately. He has further assured that for the security of petitioner No. 1-Muskan, he will furnish FDR of Rs. One Lac in the name of petitioner No. 1 - Muskan before the Hon'ble High Court on the next date of hearing.

(d) That parents of Muskan-petitioner No. 1 have stated that they have not accepted this relationship. However, they have stated that they will not interfere in the lives of petitioners in any manner.

(e) The parties have decided not to disturb each other's peaceful life or in any manner interfere in each other's life.

(f) The parties have further decided that in case petition for quashing of FIR No. 0110 dated 29.03.2022 under Section 346 IPC registered at Police Station 'A' Division, Amritsar, District Amritsar is filed in this Hon'ble Court, Radha-

C.R.W.P. No. 3136 of 2022 -3complainant / respondent No. 4 shall not oppose the same. Radha-complainant / respondent No. 4 shall not oppose if cancellation report is filed by police in the above-noted FIR. Radhacomplainant / respondent No. 4 shall make statement if so directed by the Hon'ble High Court or any other Court.

(g) Both the parties have agreed that they and their family members will obey/carry out the present settlement/agreement in all fairness and will not create any hurdle.

(h) In case any complaint filed by any of the party is pending before any competent authority/police, the same shall be withdrawn by the respective party in view of the present settlement."

4.

Given the above extracted relevant paragraph-8, as, carried in the settlement / agreement drawn amongst all concerned, the learned counsel for the petitioners seeks leave to withdraw the instant petition. 5.

Leave granted.

6.

The petition is dismissed as withdrawn.

7.

However, all the signatories to the settlement / agreement arrived at between amongst them are expected to abide by all the relevant terms and conditions as are embodied thereins. May 04, 2022 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No