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2025 DAILYLAW 14372 (HP)

Pawan Kumar v. Sanjogita Devi and another

Cr.Rev.(FC)/44/2024 · 2025-05-13

Sushil Kukreja, Tarlok Singh Chauhan

body2025

Judgment text

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2025:HHC:13724 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. Rev. (FC) No. 44 of 2024 Date of decision: 13.05.2025 Pawan Kumar …Petitioner Versus Sanjogita Devi & Anr. …Respondents Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting? No. For the petitioner: Mr. Pawan Kumar-petitioner with Mr. Jai Ram Sharma, Advocate, For the Respondent: Smt. Sanjogita Devi and Ms. Sonali- Respondents with Mr. Ram Lal Thakur, Advocate. Tarlok Singh Chauhan, Judge (Oral) The parties are present in person and have been duly identified by their respective counsels. 2. It is heartening to note that with the pro-active role played by the learned Mediator, Shri Aman Sood, learned Advocate, the parties have amicably settled their disputes in the following terms:- (I) That both the parties have mutually agreed that all the litigation between the parties shall come to an end in respect of the maintenance and the separation by way of divorce. Since FAO No. 352/2018 titled Pawan Kumar vs. 2 2025:HHC:13724 Sanjogita Devi is also pending before this Hon'ble Court, it has been decided by both the parties that Shri Pawan Kumar will withdraw the allegations made in the main Divorce Petition and Smt. Sanjogita Devi further undertakes that in view of the allegations having been withdrawn by Shri Pawan Kumar,now decree of divorce by mutual consent be passed in FAO No. 352/2018 aforementioned. (ii) That present Criminal Revision 408 of 2024 pending against the order dated 26.03.2024 passed by learned Principal Judge Family Court, Kangra at Dharamshala, H.P., shall also stands settled in view of the compromise having been arrived today by the parties and all claims with respect to maintenance etc., of Smt. Sanjogita Devi and Kumari Sonali shall come to and end with this settlement. (iii) That Smt. Sanjogita Devi and Kumari Sonali henceforth will not claim any right with respect to property, estate, assets etc., of Shri Pawan Kumar and all their rights with respect to the property of Shri Pawan Kumar stands extinguished and shall stands surrendered by Smt. Sanjogita Devi and Kumari Sonali and there shall be no claim whatsoever of any kind of Smt. Sanjogita Devi and Kumari Sonali in the property/assets of Shri Pawan Kumar. (iv) That the above settlement has been arrived by Smt. Sanjogita Devi and Kumari Sonali in respect of their claims qua permanent alimony and maintenance etc., for a total sum of Rs. 16,000,00/- (Sixteen Lacs) payment whereof shall be made by Shri Pawan Kumar by way of deposit in this Hon'ble Court through demand drafts in the following manner:- (a) The first installment of Rs. 5,00,000/- (Five Lacs) shall be deposited by Shri Pawan Kumar in the 3 2025:HHC:13724 Registry of this Hon'ble Court by way of demand draft on or before 30.05.2025. (b) The second installment of Rs. 5,00,000/- (Five Lacs) shall be deposited by Shri Pawan Kumar in the Registry of this Hon'ble Court by way of demand draft on or before 30.08.2025. (c) The remaining installment of Rs. 6,00,000/- (Six Lacs) shall be deposited by Shri Pawan Kumar in the Registry of this Hon'ble Court by way of demand draft on or before 30.12.2025. (d) That in case Shri Pawan Kumar deposits the entire sum of Rs. 16,00,000/- (Sixteen Lacs) before 30th December, 2025, even then the present settlement will be operative and good for all intends and purpose. (e) That Smt. Sanjogita Devi and Kumari Sonali are free to withdraw the amount out of which a sum Rs. 10,00,000/- (Ten lacs) shall be payable to Smt. - Sanjogtia Devi and Rs. 6,00,000/- (Six lacs) shall be payable to Kumari Sonali. (v) The parties reiterates again that there shall be no claim whatsoever of any kind with respect to any of the properties/assets, maintenance, alimony etc., and Rs. 16,000,00/- (Sixteen Lacs) is being paid in lieu thereof and this amount shall settle all the claims as well as pending litigation between the parties. (vi). That since the parties have settled the entire litigation amongst themselves by virtue of present settlement, the FAO No. 352 of 2018 filed by Shri Pawan Kumar seeking divorce shall also stands decided in terms of compromise arrived at today between the parties. (vii) In case any of the parties resile from the settlement arrived today then the party so resiling from the 4 2025:HHC:13724 settlement shall be liable to be prosecuted under Contempt of this Court, besides the aforementioned fact that the FAO No. 352/2018 and Cr. Revision (FC) No. 44/2024 shall also get automatically revived. 3. In view of the aforesaid compromise, the order(s) passed by the learned Courts below shall stand modified with the terms of the compromise as set out here-in-above alongwith the default clause. 4. In furtherance to the compromise, the petitioner has handed over a demand draft of Rs. 5,00,000/- (Rupees Five Lacs) to the respondents in the open Court. 5. Learned counsel for the parties jointly state that they have no objection in case the petition is disposed of in view of the settlement arrived at between them before the learned Mediator, as quoted above. 6. In view of the above, the petition is disposed of accordingly. (Tarlok Singh Chauhan) Judge (Sushil Kukreja) 13th May, 2025 Judge (sanjeev)