@ HIGH COURT OF CHHATTISGARH AT BILASPUR CR.M.P. No. 52612008 PETITIONERS 1. Uttara Jhangde, W/o Shivaji Jhangde, Aged about 35 years, Devendra Kumar Jhangde, S/o Ram Ratan Jhangde. Aged about 34 years. Smt. Sukhmat Bai Wlo Ram Ratan Jhangde, Aged about 65 years. 7 Shivagi Jhangde S/o Ram Ratan Jhangde, Aged about 38 years. Ram Ratan Jhangde, Slo Late Shri { Motilai Jhangde, Aged about 72 years. € All Rio main Road, Jora Jaithkhamb, .1 Kududand, Biiaspur, Tahsil & Distt. i Bilaspur (C.G.). (IIkmN- VERSUS 1. tate of Chhattisgarh, through The r station Officer, Poiice Station Mahiia i Thana Bilaspur, District Biiaspur (C.G.). 2. Smt. Samta Jhangde W/o Devendra Jhangde, Aged about 23 years, Rio viilage Pachpedi, Chowki Pachpedi. Tahsil Masturi, Distt. Bilaspur (C.G.). RESPONDENTS (Petition under Section 482 of the Code of Criminal Procedure, 1973) (SB: Hon’ble Mr. T.P. Sharma, J) Present: Mr. Suresh Verma, counsel for the petitioners. Miss Sangeeta Mishra, Panel Lawyer for the State/respondent NO. 1. Mr. Shiv Kumar Guha & Mr. P.K. Khursail, counsel for the respondent N0. 2. GRAL ORDER (25-1 1-2008) 1. The petitioners has tiled this petition challenging the order dated 23/1 0/2008 passed by the Judicial Magistrate 1“ Class, Bilaspur ., in Criminal Case No.219/08 by which the application for permission to compound the offence punishable under Section 498-A read with Section 34 of the I.P.C. was rejected on the ground that Section 320 of the Cr.P.C. does not stipulate compounding of the offences mentioned above. 2. Learned counsel for the petitioners placing reliance upon the judgment of the Apex Court in the matter of B.S. Joshi and others vs. State of Harvana and S @ another1 submits that though in accordance with the provisions of Section 320 of the Code of Criminal Procedure the offence under Section 4é8-A l.P.C. are non-compoundable in nature yet the criminal proceedings initiated for the offence punishable under any of these sections can be quashed by exercising i jurisdiction under Section 482 of the Cr.P.C, The relevant portion of the said judgment is extracted below:- "14. There is no doubt that the object of introducing Chapter j XX-A containing Section 498-A in the lndian Penal Code i was to prevent tortureto a woman by her husband or by relatives of her husband. Section 498-A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relative to satisfy unlawful demands of dowry. The hyper technical view would be counterproductive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XX-A of the indian Penal Code. 15. in view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code.“ 3. Thus according to the above cited decision of the Apex Court it is the duty o the Court to encourage genuine settlements of matrimonial disputes and the provisions of Section 320 of the Code of Criminal Procedure do not limit or affect the powers under Section 482 of the Code of Criminal Procedure. 4. in the instant case, petitioner No.2 & respondent No.2 are husband & wife. A decree of mutual divorce has been passed between the parties. Now they have fried a joint application for permission to compound the offence f categorically stating therein that the disputes and grievances between them have been settled without any pressure and fear. 5. in view of the aforementioned pronouncement of the Apex Court and the fact petitioner No.2 & respondent No.2 have settied their disputes amicably without pressure or fear, it would be in the interest of justice to allow the petition and quash criminal proceedings pending before Judicial Magistrate 13‘ Class, Bilaspur. V 6. Consequently, the petition is alloWed and the criminal proceedings pending in the Court of Judicial Magistrate 15‘ Class, Bilaspur, in Criminal Case No.21 9/08 are hereby quashed. 7. l.A.No.01/2008 stands disposed of. TiWari i