IN THE HON!BLE HIGH COURT OF CHHATTIS©A?RH ATBILASPUR CnM. P.No. .^S^- /2011 PETITIONERS 1] Kuldeep Jaiswal, S/o. late Rameshwar Prasad Jaiswal, aged about 50 years, .......(Husband) \ 2] Rameshwar Prasad S/o Late Jaggannath Prasad Jaiswal, aged about 70 years ..(Since deadj ^sented^Sbri^-.^^-^'Smt ^ Shakuntala Devi Wd/o. late !.'.7^—/••'••—""""'" Rameshwar Prasad Jaiswal, aged about 70 ...^— ^ ...^^...^ .. ^» „„.„..„, ^IU-^- No...••••••""" ptesenteii bl years, ..... ..(Mother-in-law) 4Y Hansamukh Jaiswal, S/o. late Rameshwar Prasad Jaiswal, aged about 36 years (wrongly mentioned as 13 years in the impugned order) ..... ..(Brother-in-Iaw) 5]/Rajdeep Jaiswal, S/o. late Rameshwar Prasad Jaiswal, aged about 38 years ..... ..(Brother-in-law) Smt. Shashi, W/o. Dilip Kumar Jaiswal, aged about 55 years, ..... ..(Sister-in-law) 7/{ Vinit, S/o. late Rameshwar Prasad Jaiswal, aged about 48 years .(Brother-in-Iaw) Pradeep, S/o. late Rameshwar Prasad Jaiswal, aged about 46 years ..(Brother-in-law) 9] Dilip Kumar S/o Rameshwar Prasad , aged about 48 years ..(Since clead) All above R/o. Indira Gandhi Ward, Pachmadhi Road, Pipariya, Police Station Pipariya, District Hosangabad ^.P.) 'i^';<^ ^ VERSUS TS /l] State of Chhattisgarh, through: Secretary, Health & Family Welfare Department, D.K.S. Bhawan, Raipur, District Raipur ^C.G.) 2] Smt. Shachi Jaiswal, W/o. Kuldeep Jaiswal, aged about 45 years, Present R/o. Ganja Chowk, Raigarh, Tahsil & District Raigarh (C.G.) ..... ..(Complainant) PETITION U/ S_482 QF CRIMINAL PRQCEDURE CODE 1^73 FOR QUASH1NG OF FIR" AND ENTIRE PRGCEEDINGS THERETQ OF CRIME^ N0, 4/2000 REGISTERED AT POLICE STATION KOTWALI, RAIGARH ON THE BASIS OF COMPROMISE BETWEEN THE PARTIES y,•<> <i?Jg^ .A- ^ ^y .&^ ^:,^ '..^' y^/ ^^ "".^ ^^A- ^ Res.No. 1 StateofChhattisgarh, Through-Police Station, Kotwali Raigarh, y> /I -I /-l HIGH COURT OF CHHATTISGARH : BILASPUR Sinale Bench: Hon'ble ShrLManindra Mohan^hrivastava^J. Cr.M.P.No.597/2011 Petitioners Respondents Kuldeep Jaiswal and others Versus State of Chhattisgarh and another Petition under Section 482 of the Code of Criminal Procedure Present:- Shri Vaibhav Goverdhan along with petitioner Nos.1 & 4 to 8, who are present in person in the Court. Ms. Sunita Jain, Panel Lawyerforthe State/respondent No.1. Shri B. D. Badgayan, counsel for respondent No.2 along with respondent No.2, who is also present in person in the Court. The petitioner No.2 & 9 are reported to be dead during pendency of the case before the Court below. ORAL ORDER (Passedon 11-11-2011) Heard. 2. This petition has been filed by the petitioners for quashing criminal proceedings pending in the Court of Judicial Magistrate First Class, Raigarh in Criminal Case No.72 of 2009, upon submission of charge sheet by the police in the matter of FIR lodged by the respondent No.2, leading to registration of offence under Section 498-A read with Section 34 of the IPC under Crime No.4/2000 registered at Police Station Kotwali, Raigarh. 3. Learned counsel for the petitioners as well as learned counsel for respondent No.2 as also the petitioners present and respondent No.2 have jointly submitted before the Court that the long standing dispute between the husband- petitioner No.l-Kuldeep Jaiswal and Wife-Respondent No.2-Smt. Shachi Jaiswal has been brought to an end through amicable settlement in the larger interest of both the parties, particularly the petitioner No.1 and respondent No.2, and the parties have also decided to settle their dispute amicably. It is submitted that even though, marriage was solemnized on 04-02-1995, for various reasons itself, the same never fructified, and in course of time, FIR was lodged by respondent '•<;?,\ '^' No.2 in the year 2000, leading to registration of criminal case and then filing of charge sheet in the Court alleging commission of offence under Section 498-A read with Section 34 of the IPC. The parties, who are present in the Court, particularly the petitioner No.1 and respondent No.2, have clearly stated, which is supported by affidavit on record, that they have amicably settled their dispute and the respondent No.2 is not willing to pursue her complaint in the larger interest of both the parties and their family. The respondent No.2 has stated that there is no undue pressure or any kind of coercion on her to come to the settlement, but she has taken the decision of her own freewill. It is noted that the parties had submitted an application before the Court below, purporting to be an application under Section 320(2) ofthe Cr.P.C. for compounding the offence, which came to be rejected, as such application is not maintainable under the provisions of law, and therefore, in view of the decision of the Supreme Court in the case of B. S. Joshi and Others vs. State ofHaryana and Others, A.I.R. 2003 S.C. 1386 as also the order dated 06-05-2010 passed by this Court in the case of Rajendra Patel & Others vs. State of Chhattisgarh & Another, (Cr.M.P.No.307 of 2010), the present petition for quashing the criminal proceedings has been filed. 4. Taking into consideration the submissions made by learned counsel for the parties, circumstances placed before the Court and the fact that the parties have amicably settled their dispute and this Court is also satisfied that in these circumstances, no useful purpose would be served in allowing the criminal proceedings to continue and therefore, relying upon the decision of the Supreme Court in the case of B. S. Joshi and Others (supra) as also the order dated 06- 05-2010 passed by this Court in the case of Rajendra Patel & Others (supra), it is concluded that the case has been made out warranting interference by this Court in exercise of power conferred under Section 482 of the Cr.P.C. and to quash the criminal proceedings pending against the petitioners before the Court below. ^ 5. Accordingly, this petition is atlowed. The criminal proceedings pending before the Judicial Magistrate First Class, Raigarh, in Criminal Case No.72 of 2009 against the petitioners are hereby quashed in exercise of inherent powers under Section 482 ofthe Cr.P.C. _ Sd/- Manindra Mohan Shrivastava Judge Tumane