/•/ '7,,-,'^ y i e (-i.?EE HIGH COURT OF CHHATTISGARH AT BiLASPUR fSB: Hon'ble iVlr.T.P.Sharma.J.l Gr.M.P. No.198Q(M» PETITIONERS Paopu alias Charandas sonof Tiharudas aaed about f?fi i/p^rei J S-^A> ^^, Tiharu das son of late Bharatdas Manikpuri, Both r/o ylllsge Jsrgll, PoHcs Stst'on ^ Tshsll Tskhstpur, L/fi5iS!Ct, Diiatipur, ^-AJ. VERSUS RESPONDENT State of Chhattisaarh Throuah Station House Offteer, Tskhstns'r Hi?rf-?-trkt Rilssrii'r rt/^ '""""••r'—i —""«.< •-'. ^-"•"'-t^—,<-s-/. PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURI Shri Ravish Ve.rma counse! for the Detitioners. .^hri H K n'uys'ar^ r;A fnr thd'p&ctp6nn,-i»rit/.^stt^ Shr! ShySiTi JaiSWSl COUnSSi fGF compialnarit - Ssnts. The petitioners and tne complainant are present in person. /17 10-2nn8i The petitioners have filed thte petition challenging the order dated 03.03.2008 passed by the Additional Sessions Judge, Bilaspur in Criminal Revision No. 42/2007 affirmina the order dated 13.12.2007 passed by the Judicial Magistrate First Ciass, Bilaspur, in Criminai Case No. 38/2008 by which the application for permission to compound the offence punishable under sections 498-A/34 IPC, 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 Haryana and sinrEth^r S! shmttR t:h?it thot loh in sccordance wlth the Drovisions of ssotlon 320 of the Code of Criminal Procedure the offences under section 498-A I.P.C. is non- compoundable in nature yet the criminal proceedings initiated for the offence punishable under any of these sections can be quashed by exereising jurisctiction under section 482 of the Cr.P.C. The relevant portion of the sajd judgment is extractsd below:- "14. There is no doubt that the obiect of introducing Ch.aDter XX-A CQHtslniRa Ssctlon 498-A 'p. t-hs Indisn Psnsl Cods vvss io preveni iouuf8 10 a woman uy ncr nusuaRu or Dy feiaiivcs of her husband. Section 498-A was addect with a view to • ^^ NS ra R8B ^2UU->J 4 bL/t^ 0/3 i" '•'••ri ;-• '^•^L<':^-^^^^'^^st:^ punishina a husband and his relatives who harass or torture tha wlfp to rtn?lr/%p hpr nr hpr r&iFii'ivpc; fn Qpi+fQft/ isnl^vs^fn! 7 dsmsuus Oi dowr/. u is iiypcrtechnicsl view w'ouid be counterproductive and would act against interests of women and 9.aalnst ths oblect for whlch thls Dfovlsion \vss sddsd. TiiSFc iS SVSry' iikSiiiiOOd thst Hon-sxsfCise Qi Inf isrsnt powsf to quash the proceedings to meet the ends ot justice would prevent women from settling earlier. That is not the object of ChSDtsrXX-A ofths Indian Pensl Code. 15. In view of the above discussion. we hold that the Hiah CQLirt n sxsrclss of ts nhsrsnt DCWS^ csn oussh onmins! piuutscuiiiyb ui nr^ u( t/uiiipicaiiit di iu oeuliUfi o^iu ui uic ^/uue; does not limit or affect the powere under Section 482 of the Code" 3. Thus according to the above cited decision ofthe Apex Court it is the duty of the Court to encourage genuine settlements of matrimonial disputes anct the Drovisions of section 320 of the Code of Criminai Procedure do not limit or affect the oowers under section 482 ot tne Code ot Cnminal Procedure. 4. In the instant case, the petitionere and the complainant have filed applications for permission to compound the offence categorically stating therein that the disputes and grievances between them have been settled without any pressure and fear. 4. In view of the aforementioned pronouncement of the Apex Court and the fact that the Petitioner No. 1 and the complainant have settled their disputes amicably without pressure or fear, it would be in the interest of iustice to allow the petition and quash criminal proceedings pending before Judicial Magistrate Firet Class, Bilaspur. 5. Consequently, the petition is allowed and the criminal proceedings pending in the court of Judicial Magistrate Firet Glass, Bilaspur, in Criminai Case No. 38/2008 are hereby quashed. 't^ '. 'l ^/ Sd/- T.P. Sharma Judge 'i'!ii!'r'!: m ,| |h;|; I., j II •I'll'f! El