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2025 DAILYLAW 9116 (CHH)

ALPA BHARGAVA PANDEY v. MR. LOVE MISHRA

CRMP/717/2025 · 2025-02-28

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 2 2025:CGHC:10081 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 717 of 202 5 • Alpa Bhargava Pandey W/o Gourav Pandey Aged About 32 Years R/o 203, Sundar Nagar, Raipur, District Raipur, Chhattisgarh. ... Petitioner VERSUS • Mr. Love Mishra S/o Mr. Avani Kumar Mishra Aged About 30 Years Posted As Junior Scientist At Accelerator And Pulse Power Division, Barc, Bhabha Atomic Research Centre, Near Vikram Sarabhai Bhawan, Trombay, Mumbai, Maharashtra. ... Respondent For Petitioner : Mr. Pankaj Agrawal, Advocate Hon'ble Shri Arvind Kumar Verma , Judg e ORDER ON BOARD 28/02/2025 1. Heard learned counsel for petitioner finally. 2. Petitioner has filed this writ petition under Section 528 of BNSS, 2023 seeking following relief. “It is therefore, prayed that the Hon’ble Court may kindly be pleased to allow the petition by directing respondent to withdraw the 5 cases pending before Ghaziabad Court (1) State vs. Ashish Pnadey, Aditya Pandey, in the court of ACJM 5, Ghaziabad case No. 988/19; (2) Avani Kumar Mishra vs. Asish Pandey, in the court of ACJM 5, case No. Misc./61/19, Ghaziabad (earlier case no. 408/2018; (3) Avani Kumar Mishra vs. Asish Pandey, in the court of ACJM 5, case No. Misc./62/19 Ghaziabad (earlier case no. 407/2018; (4) Lovely Mishra vs. Ashish Pandey, in the court of ACJM 8, Ghaziabad case No. 4992/19; (5) Lovely Mishra vs. Ashish Pandey, in the court of ACJ(SD) 4, Ghaziabad case No. 312/19 and report the same, in this Court and also direction to co- operate the pending case at Raipur in Criminal Case PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 2 No. 2288/2015 between Alpa Bhargave Pandey vs. Love Mishra and others, in the interest of justice.” 3. It is contented by the learned counsel for petitioner that the Division Bench of this Court on 02.05.2023 has passed an order and has accepted the settlement agreement dated 10.05.2022 executed between the parties and directed the parties to settle their case outside the court, however, parties have not settled their case from the date of passing of order ie., from 02.05.2023 till date. Therefore, petitioner approached this Court by filing this petition seeking suitable direction. 4. It is well settled principle of law that a court cannot compel a party to settle a dispute when that party is not willing to do so. The court can encourage settlement through mediation or other means but cannot impose it on unwilling parties. A settlement should be voluntary and made with mutual consent of the parties. 5. In view of above, I do not find any good ground to entertain this petition and keep the matter pending before this Court, the petition is accordingly dismissed. 6. If the parties want to settle their dispute amicably, they have liberty to settle their dispute outside the court and file appropriate application before the concerned court. Sd/- (Arvind Kumar Verma) pwn JUDGE