S. No.7 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CMNo.4153/2025 in CM(M) No.244/2024 Tariq Wali …..Petitioner(s) Through: Mr.Zaffar Shah, Sr. Advocate with Mr. A.Hanan, Advocate V/s Benish Aijaz and another …. . ..Respondent(s) Through : None CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 14.07.2025 1. The applicants/respondents have filed the present application seeking clarification of order dated 16.05.2025 passed by this Court, whereby petition filed by non- applicant/petitioner challenging award dated 17.04.2021 passed by Lok Adalat as also order dated 27.06.2024 passed by the Executing Court (Chief Judicial Magistrate) Shopian were put to challenge. The operative portion of order dated 16.05.2025 is reproduced as under: “14.In view of the above, order dated 27.06.2024 passed by the learned Chief Judicial Magistrate, Shopian, and the execution proceedings initiated by the respondents against the petitioner before the said Court for executing award dated 17.04.2021 passed by the Lok Adalat, are quashed. CM No.4153 of 2025 in CM(M) 244 of 2024 2 | P a g e However, the petitioner shall continue to pay the monthly maintenance as well as interim monetary compensation to the respondents in accordance with the orders dated 30.01.2023 passed by the Additional Special Mobile Magistrate, Shopian, in the proceedings under Section 12 of the DV Act and Section 125 of the Cr.P.C, including the arrears, if any, that may have accumulated against the petitioner.” 2. The petitioner has sought clarification as to whether this Court intended to set aside the whole award or only prevented the non-applicants herein from seeking execution of award, in so far as it related to maintenance. It has been further prayed that it may be clarified that the applicants Binish Aijaz and minor daughter be held entitled to seek execution of the award in respect of matters other than maintenance and in the event proceedings under Section D.V.Act or Section 125 of Cr.P.C are not allowed by the Court, in that eventuality right of non-applicants to seek execution of award to the extent of maintenance be protected. 3. I have heard learned senior counsel appearing for the applicants/respondents and perused record of the case. 4. Vide order dated 16.05.2025 passed in CM(M) No.244/2024, this Court while dealing with the application filed by the non-applicants challenging award of Lok Adalat passed on 17.04.2021 and the execution proceedings emanating there from, initiated before the Court of learned Chief Judicial Magistrate, Shopoian has observed that the CM No.4153 of 2025 in CM(M) 244 of 2024 3 | P a g e proceedings of execution of award passed by the Lok Adalat on the basis of compromise, which admittedly has been observed in breach by the parties, as also fresh petitions under Section 12 of the D.V.Act and 125 Cr.P.C cannot be continued by the respondents simultaneously. On this basis this Court has quashed the execution proceedings initiated by the applicants before the learned Chief Judicial Magistrate Shopian for executing compromise award dated 17.04.2021. 5. Thus, it has been clearly held by this Court that execution proceedings in respect of award dated 17.04.2021 cannot proceed against the non-applicant/petitioner, in view of the fact that applicants/respondents have filed fresh proceedings under Section 12 of the D.V.Act and Section 105 of Cr.P.C against the petitioner/non-applicant. Once the terms of compromise, which became the basis of the award dated 17.04.2021 were observed in breach by both the parties and the applicants/respondents instead of seeking execution of the terms of the compromise as a whole or revival of the proceedings under Section 12 of the D.V.At and Section 125 of Cr.P.C which had culminated in the compromise award, decided to file fresh proceedings of similar nature, award of the lok Adalat becomes un-executable. The respondents/applicants cannot chose to avoid execution of CM No.4153 of 2025 in CM(M) 244 of 2024 4 | P a g e those terms of the compromise award which are not to their liking and go for execution of those terms of compromise which are favourable to them. The previous proceedings between the parties culminated in the award of the Lok Adalat and once the applicants have chosen to file fresh proceedings of similar nature seeking similar reliefs against the non- applicant/petitioner, the award passed by the Lok Adalat becomes un-executable as the whole. 6. With the aforesaid clarification, this application is disposed of. However it is made clear that the respondents/non-applicants are at liberty to take recourse to appropriate proceedings against non-applicants for seeking reliefs which may not be within the scope of pending proceedings under Section 12 of DV Act or Section 125 of the Cr.P.C. (SANJAY DHAR) JUDGE SRINAGAR 14.07.2025 Sarveeda Nissar Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 14.07.2025 19:20