2026:HHC:28239 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.R.(FC) No.55 of 2025 Date of decision: 10.07.2026 Neeti. ...Petitioner. Versus Montu. …Respondent. Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?1 For the petitioner : Mr. Sanjeev K. Suri and Ms. Kalaunta Devi, Advocates. : Neeti-petitioner present in person. For the respondent : Ms. Heena Chauhan, Advocate. : Montu-respondent present in person. Vivek Singh Thakur, Judge Present petition has been preferred by petitioner-wife against order dated 04.06.2025 passed by Principal Judge, Family Court, Shimla, in Cr.MP No.261/2023, arising out of petition under Section 125 of the Code of Criminal Procedure, 1973, bearing case No. 114 of 2023, titled 'Neeti vs. Montu', pending before the Family Court, Shimla, whereby interim maintenance to the tune of ₹3,000/- per month has been awarded in favour of the petitioner-wife. 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes -2- 2026:HHC:28239 2. Present petition has been preferred seeking enhancement of interim maintenance awarded to the petitioner-wife during pendency of the aforesaid petition under Section 125 of the Code of Criminal Procedure, 1973. 3. During pendency of the present petition, the matter was referred to mediation to exploring possibility of amicable settlement between the parties before learned Mediator, Mr. G.D. Verma, Senior Advocate. 4. During mediation proceedings, parties amicably resolved their matrimonial disputes and reduced the terms of settlement into a written Compromise Deed, duly signed by them in presence of the attesting witnesses. Compromise Deed has also been duly endorsed by both the parties in their respective statements recorded before this Court and has been exhibited as Exhibit C-1. 5. Parties are present in person. Their statements on oath have also been recorded. 6. Statement of the petitioner-Neeti reads as under:- “Statement of Ms. Neeti daughter of Mr. Vijay Kumar, aged 37 years, resident of 5 Ghar Ki Line Shankhali Road, Lakkar Bazar, Shimla, Himachal Pradesh. On Oath 10.07.2026 My marriage was solemnized with the respondent- Montu, on 21.10.2020 according to Hindu rites and ceremonies. After the marriage, we could not maintain cordial relations and ultimately decided to dissolve our marriage by mutual consent in terms of the compromise (Exhibit C-1). The terms of the compromise have been read over and explained to me in the vernacular, and I admit and -3- 2026:HHC:28239 affirm the same to be true and correct. Compromise is Exhibit C-1. My aforesaid deposition is true and correct in terms of the compromise arrived at between us. I have entered into the compromise and am making this statement in the Court today out of my free will and consent, without any external pressure, coercion, or threat of any kind.” 7. Statement of the respondent-Montu reads as under:- “Statement of Mr. Montu son of Mr. Parshotam Lal, aged 37 years, resident of Shakti Niwas Ahatta Lal Diwan Chand Chakkar, Tehsil Shimla, District Shimla, Himachal Pradesh. On Oath 10.07.2026 My marriage was solemnized with the petitioner-Neeti, on 21.10.2020 according to Hindu rites and ceremonies. After the marriage, we could not maintain cordial relations and ultimately decided to dissolve our marriage by mutual consent in terms of the Compromise (Exhibit C-1). The terms of the compromise have been read over and explained to me in the vernacular, and I admit and affirm the same to be true and correct. Compromise is Exhibit C-1. My aforesaid deposition is true and correct in terms of the compromise arrived at between us. I have entered into the compromise and am making this statement in the Court today out of my free will and consent, without any external pressure, coercion, or threat of any kind.” 8. Compromise Exhibit C-1 reads as under:- “COMPROMISE DEED This Compromise Deed is executed on this 8th day of July, 2026, at Shimla, between Mrs. Neeti, daughter of Lt. Sh. Vijay Kumar and wife of Mr. Montu, residing at 5 Ghar ki line Shankhali Road, Lakkar Bazar, Shimla Himachal Pradesh (hereinafter referred to as the "First Party/Wife"), AND Mr. Montu, son of Sh. Parshotam Lal, residing at Shakti Niwas Ahatta Lala Diwan Chand Chakkar, Tehsil Shimla, District Shimla, Himachal Pradesh (hereinafter referred to as the "Second Party/Husband"). 1. That compromise entered between the parties on the following terms and conditions. -4- 2026:HHC:28239 2. That the marriage between parties was solemnized as per Hindu rites and customs on 21/10/2020 at Shimla. That due to difference of opinion both the parties living separately since 25/08/2023. 3. That first party i.e. wife filed the divorce petition before the Ld. Family court Shimla bearing case No. 345/2023 titled as Neeti Vs Montu and is pending for adjudication and fixed on 27-07-2026. 4. That the First party also filed an application under section 125 of Criminal Procedure Code bearing case No. Cr. P.C. 114/2023 title as Neeti Versus Montu and pending before Ld. Family Court Shimla fixed for 27-07-2026. 5. That the first party also filed one application under section 12 of the protection of women from Domestic Violence Act pending adjudication before Ld. Judicial Magistrate Court No. 6 , Shimla bearing case No. 56/2023 titled as Neeti Vs. Montu fixed for 07-09- 2026. 6. That First party filed the Cr. Rev(FC) 55/2025 for enhancement of maintenance before the Hon’ble High Court and during the mediation proceeding with the help of the mediator both the parties compromise the matter and the first party agreed to withdraw a case under section 125 Criminal Procedure Code and another case under section 12 of the Protection of Women from Domestic violence Act. 7. That both the parties agreed to filed appropriate application before the Ld. Family court in Divorce Petition bearing case No. 345/2023 to convert the divorce petition into mutual divorce petition under section 13B of the Hindu Marriage Act . 8. That the second party i.e. Montu already paid one time full and final maintenance of Rs. 4,25,000/-(Four Lac twenty five thousand ) to the first party during hearing before the Hon’ble High Court. 9. That the Second party also returned the article of the first party. 10. That first party did not claim any maintenance, arrears of maintenance and lis pendente lite etc from second party in future qua the above mentioned litigation or any future litigation qua marriage and divorce between the parties. 11. That both the parties decide to live separately and did not interfere in any manner to their independent lives. 12. That the both parties agree to withdraw or cooperate in the quashing/withdrawal of all civil and criminal cases, complaints, and proceedings arising out of the matrimonial dispute, subject to law. -5- 2026:HHC:28239 13. That the neither party shall initiate any fresh litigation against the other concerning the matrimonial dispute settled through this deed, except for enforcement of this settlement. 14. That the compromise has been entered into voluntarily, with free consent, and after understanding all its terms. 15. Both parties declare that this deed represents the complete and final settlement of all disputes between them and shall remain binding upon them. 16. That thee present compromise execute by both the parties with their free will without any influence, correction and fear and the contents of the compromise deed read over to the parties in vernacular language and both the parties after understanding the terms and conditions and impact of this compromise deed put their signature on this compromise deed in the presence of the witnesses on 10-07-2026.” 9. In view of compromise nothing remains to be paid or exchanged between the parties with respect to any claim towards any civil, criminal, monetary or other claim, including goods/articles. 10. In terms of the compromise, the parties shall appear before the Family Court in Divorce Petition bearing Case No.345/2023 on the next date, i.e. 27.07.2026, along with an application, to be filed jointly by both the parties or by either of them, for converting the said petition into a petition under Section 13B of the Hindu Marriage Act, 1955, for dissolution of their marriage by mutual consent. In case either party fails to file the application or remain present, the Family Court shall proceed further by treating the said petition as a petition under Section 13B of the Hindu Marriage Act, waive the cooling-off period and pass an appropriate order for dissolution of the marriage in terms of the -6- 2026:HHC:28239 compromise, without requiring issuance of notice to the defaulting party. 11. In terms of the compromise, the petition under Section 125 of the Code of Criminal Procedure, 1973, preferred by the petitioner- wife, bearing Case No.114 of 2023, titled 'Neeti vs. Montu', pending before the Family Court, Shimla, shall stand disposed of in terms of the compromise on production of a copy of this order before the Family Court by both the parties or either of them, by filing an appropriate application. 12. Similarly, the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, preferred by the petitioner-wife, bearing Case No.56/2023, titled 'Neeti vs. Montu', pending before the learned Judicial Magistrate, Court No.6, Shimla, shall stand disposed of in terms of the compromise on production of a copy of this order before the Chief Judicial Magistrate/concerned Judicial Magistrate by both the parties or either of them on or before the next date, i.e. 07.09.2026, by filing an appropriate application. The Chief Judicial Magistrate shall, either himself or through the Competent Judicial Magistrate, take appropriate steps to dispose of the said matter in terms of the compromise. 13. Before parting, we would like to record words of appreciation for learned Mediator, Mr. G.D. Verma, Senior Advocate, -7- 2026:HHC:28239 for his earnest efforts for materializing settlement and also for learned counsel and parties whose active cooperation has resulted into happy ending of litigation. 14. Petition is disposed of in aforesaid terms along with pending applications, if any. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge 10th July, 2026 (Pardeep)