HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Misc. Petition No.3?3 of 2009 PETITIONER: Shiv Kumar Sahu, S/o Durga Prasad Sahu, aged about 31 years, Occupation Shiksha Karmi, Permanent R/o Khorpa, at presently R/o Village Nawagaon, P.S. Tum-gaon, Distt. Mahasamund (C.G.) Versus 1. ESPONDENTS: State of Chhattisgarh,rThrough Police Station Tumgaon, Distt. Mahasamund (C.G.) S'mt. Khuleshwari, W/o Shiv Kumar, aged about 25 years, Occupation House Wife, R/o Village Hathband, P.S. Kurud, Distt. Dhamtari (C.G.) at presently R/o Village Khorpa, P.O. Khorpa, P.S. Abhanpur, Distt. Raipur (C.G.) ‘ (Petition under section 482 of the Code of Criminal Procedure, 1973) ’ (SB: Hon’ble Mr. T.P. Sharma, J) ( Complainant) k x Present: Mr. C.R. Sahu, counsel for the petitioner along with the petitioneE- Mr. Rajendra Tripathi, Panei Lawyer for the State/respondent No.1. Mr. J.S.P. Chandrasen, counsel for the complainant/respOndent Complainant Smt. Khuleshwari is also present. * ORAL ORDE (27-7-2009) 1. The petitioner has filed this petition under Section 482 of the Cr.P.C. chaiien_ging the order dated 1-6-2009 passed by the Sessions Judge. Mahasamund, in Criminal Appeal No.16/2009, affirming the judgment of conviction & order of sentence dated 10-2-2009 passed bytTie Judicial Magistrate First Class, Mahasamund in Criminal Case No.343/2008, whereby Judicial Magistrate First Class has convicted the petitioner under Sections 498A & 323 of the I.P.C. and sentenced him to undergo R.I. for two years & pay fine of Rs.200/—, in default of payment of fine to further undergo. simple imprisonment for two months and to undergo R.I. for six months & pay fine of Rs.100/-, in R rv» R default of payment of fine to further undergo simple imprisonment for one month, respectively. Report of the Registry perused. . Complainant Smt. Khuleshwari and petitioner Shiv Kumar Sahu have entae into compromise with each other and they are living ogether. Report of the Registry reveals that they have entered into compromise voluntarily. .Learned counsel for he peitioner placing reliance upon the udgment of the Apex Court in the matter of B.S. Joshi and others v. State of Haryana and another {(2003) 4 SCC 675} submits that though in accordance with the prOvisions of Section 320 of the C i e s odeoof Crimnal Procedure the offence under Section 498A of th I.P.C. are non-compoundable in nature yet the criminal proceeding initiated for the offence punishable under this section can be quashed by exercising jurisdiction under Section 482 of the Cr.P.C. Relevant portion of the said udgment is extracted below:- “14. There is no doubt that the object of introducing Chapter XX-A containing Section 498-A in the Indian Penal Code was to prevent torture to 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 tha non—exercise v 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.” Permission is granted and as a result of Compromise, the petitioner is acquitted of the charge under Section 498A of the I.P.C. As regard charge under Section 323 of the I.P.C., taking into consideration th factum of compromise, the said charge must fail. onsequently, conviction & sentences imposed upon the petitione unde Sections 498A & 323 of the I.P.C. are set aside. he . d t t t j , j t . s e . C r r T petitioner is acquitted of the charge under Sections 498A & 323 of the I.P.C.. 7. Fine deposited be refunded to the petitioner. 8. The petition is accordingly disposed of. 9. Consequently, I.A.Nos.1 & 2 stand disposed of. Li, sw— T.p.saARMA Soma , i Judge. is n. eQK