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2025 DAILYLAW 12452 (HP)

HIMANSHU THAKUR v. REENA THAKUR

CMPMO/282/2024 · 2025-09-22

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:32840 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.282 of 2024 Decided on: 22.09.2025 Himanshu Thakur & another … Petitioners Versus Smt. Reena Thakur … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : M/s Sambhav Bhasin and Shruti Dubey, Advocates. For the respondent : Mr. Pranshul Sharma, Advocate, vice Mr. Vijay Sharma, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have, inter alia, prayed for the following relief:- “It is therefore respectfully prayed that in view of the facts and circumstances mentioned above the Orders passed by the Ld. Addl. Sessions Judge (CBI Court) Shimla in case No. 14-S/10 of 2023 under section 29 of the Domestic Violence Act, 2005, dismissing the appeal of the Petitioner against the Order of Ld. Chief Judicial Magistrate Shimla dt. 17.8.2023 granting Interim Maintenance u/s 23 of Domestic Violence Act in DV Act Complaint No.48/2020; are unjust, arbitrary. without due application of mind and not in consonance with the provisions of the law and hence deserves to be set aside and quashed and consequently the application for maintenance deserves to be dismissed with penal and special costs in favour of the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:32840 Petitioner.” 2. On 08.09.2025, this Court passed the following order:- “Learned Senior Counsel appearing for the petitioners submitted that in terms of the last order, an amount of Rs.5.00 Lac has been deposited with the Registry of this Court. Learned Counsel for the parties jointly submitted that in the light of the fact that the dispute is between the husband and wife, an endeavour should be made to have the matter amicably settled by way of mediation. In light of the request so made by learned Counsel for the parties, the matter is referred to the mediation of Ms.Ritta Goswami, learned Senior Advocate, who is requested to explore the possibility of amicable settlement between the parties. Learned Counsel for the parties to apprise learned Mediator of the request so made to her by the Court, during the course of the day and thereafter, parties shall appear before learned Mediator as and when directed. Registry to make available complete paper book to learned Mediator as and when required. List after report of learned Mediator is received. Execution of the order under challenge shall remain stayed till next date of hearing.” 3. Today, the Court stands informed that in the mediation, the matter has been settled between the parties in terms of contents of the order passed by learned Mediator, dated 16.09.2025. Alongwith the report of learned Mediator, the statements of the 3 2025:HHC:32840 petitioners as well as the respondent are also appended. 4. In light of the matter having been amicably settled between the parties in terms of the settlement arrived at before learned Mediator, these proceedings are disposed of by taking on record the terms of the settlement and by making them part of the record. It is further ordered that once the needful in terms of the settlement arrived at between the parties is not done by 30.09.2025, thereafter, the orders under challenge will loose their efficacy. 5. It is also observed that the parties shall remain bound by the terms of the settlement arrived at before the learned Mediator, which have been made part of record of this petition. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 22, 2025 (Rishi)