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2025 DAILYLAW 37032 (PNJ)

HIMANI SHARMA AND OTHERS v. STATE OF HARYANA AND OTHERS

CRM-M/17643/2024 · 2025-08-05

Harpreet Singh Brar

body2025

Judgment text

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IN THE 210 Himani Sharma and others State of Haryana and others CORAM: Present : HARPREET SINGH BRAR 1. Cr.P.C. seeking quashing of the impugned complaint No.COMI dated 15.09.2022 (Annexure P Sharma and others, under Sections 323, 379 the IPC along with all subsequent proceedings including the order dated 13.03.2024(Annexure P Gurugram. 2. the complaint moved by responden impugned order dated 13.03.2024, Annexure P FIR. Further, during the pendency of the present petition, the parties were referred to Mediation for 10.01.2025 and with the efforts of the Mediator dispute between the parties has been amicably resolved and settlement deed 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: Sharma and others VERSUS State of Haryana and others HON'BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Sunil Chadha, Sr. Advocate with Mr.Amit Kohar and Ms. Devyani Sharma, Advocate for the petitioners. Mr. Vikas Bhardwaj, AAG, Haryana. Mr. Sachin Mittal with Mr. Akshat Mittal, Mr. Parth Sharma and Mr.Arnav Mittal, Advocates for respondent No.3. **** HARPREET SINGH BRAR, J. (Oral) The present petition has been filed under Section 482 of the Cr.P.C. seeking quashing of the impugned complaint No.COMI dated 15.09.2022 (Annexure P-8) titled as Maya Devi Versus Himani Sharma and others, under Sections 323, 379 the IPC along with all subsequent proceedings including the order dated 13.03.2024(Annexure P-9) passed by learned Judicial Magistrate 1 Learned counsel for the petitioner the complaint moved by respondent No.3 under Section 156(3), the impugned order dated 13.03.2024, Annexure P FIR. Further, during the pendency of the present petition, the parties were referred to Mediation for 10.01.2025 and with the efforts of the Mediator dispute between the parties has been amicably resolved and settlement deed HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17643-2024 Date of Decision: August 05, 2025 .....Petitioners VERSUS .....Respondent HARPREET SINGH BRAR Mr. Sunil Chadha, Sr. Advocate with Mr.Amit Kohar and Ms. Devyani Sharma, Advocate for the petitioners. Mr. Vikas Bhardwaj, AAG, Haryana. Mr. Sachin Mittal with Mr. Akshat Mittal, Mr. Parth Sharma and Mr.Arnav Mittal, Advocates for respondent No.3. petition has been filed under Section 482 of the Cr.P.C. seeking quashing of the impugned complaint No.COMI-579-2022 8) titled as Maya Devi Versus Himani Sharma and others, under Sections 323, 379-B, 427, 458, 506 and 120-B of the IPC along with all subsequent proceedings including the order dated 9) passed by learned Judicial Magistrate 1st Class, Learned counsel for the petitioner inter alia contends that on t No.3 under Section 156(3), the impugned order dated 13.03.2024, Annexure P-9, was passed to register the FIR. Further, during the pendency of the present petition, the parties were referred to Mediation for 10.01.2025 and with the efforts of the Mediator the dispute between the parties has been amicably resolved and settlement deed 2024 , 2025 Petitioners .....Respondents Mr. Sachin Mittal with Mr. Akshat Mittal, Mr. Parth Sharma petition has been filed under Section 482 of the 2022 8) titled as Maya Devi Versus Himani B of the IPC along with all subsequent proceedings including the order dated Class, contends that on t No.3 under Section 156(3), the 9, was passed to register the FIR. Further, during the pendency of the present petition, the parties were the dispute between the parties has been amicably resolved and settlement deed PUNEET CHAWLA 2025.08.07 17:54 I attest to the accuracy and integrity of this document was drawn in which both the respective parties have signed it and undertakes to abide by the terms and conditions set out in the agreement. Further, part payment in terms of th already been made. Further, the petitioner and his wife have filed a joint petition under Section 13 divorce by way of mutual consent. Further, application bearing No.CO 579-2022, on the basis of which the impugned order dated 13.03.2024 was passed, has already been withdrawn by respondent No.3. As such, nothing survives in the present petition. 3. factum of the amicable settlement and submits that in terms of the settlement deed, both the parties have acted upon it and taken active steps for the resolution of the dispute. He further submits that respondent No.3 has no objection, if the impugned order dated 4. 5. passed by the learned Judicial Magistrate 1 application filed by respondent No.3 under S which, the parties have amicably resolved their dispute by way of settlement deed dated 10.01.2025 (already on record). 6. settlement deed dated 10.01.2025, the imp (Annexure P Gurugram, is hereby set aside 7. 2 was drawn in which both the respective parties have signed it and undertakes to abide by the terms and conditions set out in the agreement. Further, part payment in terms of the settlement already been made. Further, the petitioner and his wife have filed a joint petition under Section 13-B of the Hindu Marriage Act seeking a decree of divorce by way of mutual consent. Further, application bearing No.CO 2022, on the basis of which the impugned order dated 13.03.2024 was passed, has already been withdrawn by respondent No.3. As such, nothing survives in the present petition. Learned counsel representing the respondent No.3 supports the f the amicable settlement and submits that in terms of the settlement deed, both the parties have acted upon it and taken active steps for the resolution of the dispute. He further submits that respondent No.3 has no objection, if the impugned order dated 13.03.2024 is set aside. I have heard the learned counsel for the parties. It transpires that the impugned order dated 13.03.2024 was passed by the learned Judicial Magistrate 1 application filed by respondent No.3 under S which, the parties have amicably resolved their dispute by way of settlement deed dated 10.01.2025 (already on record). In view of the settlement arrived at between the parties vide settlement deed dated 10.01.2025, the imp Annexure P-9) passed by the learned Gurugram, is hereby set aside. Disposed of, accordingly. was drawn in which both the respective parties have signed it and undertakes to abide by the terms and conditions set out in the agreement. e settlement deed dated 10.01.2025 has already been made. Further, the petitioner and his wife have filed a joint B of the Hindu Marriage Act seeking a decree of divorce by way of mutual consent. Further, application bearing No.COMI 2022, on the basis of which the impugned order dated 13.03.2024 was passed, has already been withdrawn by respondent No.3. As such, nothing Learned counsel representing the respondent No.3 supports the f the amicable settlement and submits that in terms of the settlement deed, both the parties have acted upon it and taken active steps for the resolution of the dispute. He further submits that respondent No.3 has no 13.03.2024 is set aside. I have heard the learned counsel for the parties. impugned order dated 13.03.2024 was passed by the learned Judicial Magistrate 1st Class, Gurugram, on an application filed by respondent No.3 under Section 156(3) of Cr.P.C, in which, the parties have amicably resolved their dispute by way of settlement deed dated 10.01.2025 (already on record). In view of the settlement arrived at between the parties vide settlement deed dated 10.01.2025, the impugned order dated 13.03.2024 the learned Judicial Magistrate 1st Class, was drawn in which both the respective parties have signed it and undertakes to abide by the terms and conditions set out in the agreement. dated 10.01.2025 has already been made. Further, the petitioner and his wife have filed a joint B of the Hindu Marriage Act seeking a decree of MI- 2022, on the basis of which the impugned order dated 13.03.2024 was passed, has already been withdrawn by respondent No.3. As such, nothing Learned counsel representing the respondent No.3 supports the f the amicable settlement and submits that in terms of the settlement deed, both the parties have acted upon it and taken active steps for the resolution of the dispute. He further submits that respondent No.3 has no impugned order dated 13.03.2024 was Class, Gurugram, on an ection 156(3) of Cr.P.C, in which, the parties have amicably resolved their dispute by way of settlement In view of the settlement arrived at between the parties vide ugned order dated 13.03.2024 Class, PUNEET CHAWLA 2025.08.07 17:54 I attest to the accuracy and integrity of this document 8. of. August 05, 2025 P.C 3 Pending miscellaneous applications, if any, also stand disposed , 2025 Whether speaking/reasoned. : Whether Reportable. : Pending miscellaneous applications, if any, also stand disposed (HARPREET SINGH BRAR) JUDGE Yes/No Yes/No Pending miscellaneous applications, if any, also stand disposed (HARPREET SINGH BRAR) PUNEET CHAWLA 2025.08.07 17:54 I attest to the accuracy and integrity of this document