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2015 Supreme(HP) 1095

RAJIV SHARMA
Sikander Chander Bhushan Chauhan – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. G.C. Gupta, Senior Advocate and Ms. Meera Devi, Advocate.
For the Respondents:Mr. Vivek Singh Attri, Director Advocate General and Mr. Pawan Sharma, Advocate.

JUDGMENT

RAJIV SHARMA, J.

1. Marriage between petitioner No. 1 and respondent No. 2 was solemnized on 19.11.2011. Respondent No. 2 lodged FIR against the petitioners bearing registration No. 223 of 2012 on 30.11.2012 for offence under section 498-A of the Indian Penal Code. Respondent No. 2 has also filed a complaint under section 12 of the Protection of Women from Domestic Violence Act before the court of Chief Judicial Magistrate, Shimla. The complaint under section 12 of the Act was allowed by the Chief Judicial Magistrate, Shimla and petitioner No. 1 was directed to deposit a sum of Rs. 50,000/- in the court besides Rs. 7,500/- per month as maintenance and Rs. 2,500/- per month as rental of the house to be taken by respondent No. 2. Petitioner filed an appeal before the learned Sessions Judge, Shimla. Proceedings arising out of FIR No. 223 of 2012 are pending before the trial court since 5.9.2013. The evidence till date has not been recorded.

2. The parties have arrived at a compromise whereby a sum of Rs. Five lakhs was to be paid to respondent No. 2 by the petitioners. A sum of Rs. Three lakhs has already been paid to respondent No. 2 by the petitioners. The balance amount of





















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