HQGH COEQT 0? $%§H§xT?§3G£RH 53T QéLESWJR CYEmEnej Misa. ?5ii’i€m’¥ NfMEgg G? 2QG$ PETIT‘IONEé’Q: Anua Kumar Mishra, S/Q Sm A”! umKaly Pia maaau Ag»! n1 w’aii‘shi‘a, ag€u nl aFJULAL i A“; 49 years, R/g 7“ Battaiian, wimxbgarh A ;g es1a3na$zfa m , L .55“, n. nosied a: Sizaour. permanent Rio Bhiiai, Sistt. {Burg (C.G.} Versus Sate af Chhmnsgarh, Thmugh $‘iaii‘sm’ House Qfa‘écsr Pmice $taimn RESBF’ONDENTS: Ehanuora’iappur: Eat. Kanker w-G) I!“ Smt. Vidva Mi$hra Wia Anug‘; K.mar Mishra ages} agmt 48 .eava Rm Bhanupraiamaur, Distt. Kanxer In n \ &V.\J." (Petiiien under $ec%3sn 482 0f ma Sada of Cnminai Precedure. 1§?3) 10 Wesent: Mr‘ $unii Sahu, counsei forthe patiiioner. Mr. Vinod Tekam. @anei Lawver for the State/respondent Nori‘ Mr. Varunendra Mishra, oaunsei far respandent No.2. The neti‘iioner and respondent No2 are meeent in pereen‘ GRAL GRDER {Fassed on 29—8—2068) 1. The peti‘iicna has fiied We petition chaiienging the ordexr dated 18—2- 2368 oassed by the Judéciai Magistrate. First Ctase, Kanker, in Criminat Case No.351‘1‘2DG7 bv which the application for permission to compound the offence ounishabie under Section 4Q8—A of the 1.F’.C. anti Sections 3 8: 4 of the Down! Prohibition Act. 196‘! was regected on the ground that $eotion 32G of the CrP.C. does not stipuiate compounding of the 'OftehceS mentiOned abOve. 2. Learned counsei far the petitioner piecing reiiance uncn the judgment 0f the Apex Court in the matter of ES. £05m ané etheis vs: Smite a? awene and aaei‘he eubmits that theugh in acnnrdance with the provisiohs of Section 320 of the Cede 0f Criminai Procedure the offencee under Section 4Q8-A i.fD.C. and Sections 3 & 4 0f the Down; Prehibition Act are non—cempeundabie in nature yet the criminai ereceedinee initiated for the offence punishabie under any of these sectione can be quashed by exercising jurisdiction under Section 482 of tine SrF’C. The reievant portion of the said; judgment is extracted beiow:- “1,4. There is no doubt that the object of introducing Chapter XX—A containing Section 4g8uA in the indian Penai Code was to prevent torture to a woman bv her husband or by relatives of her husband Section 498-A was added with e view to punishind a husband and his reiatives who harass or torture the wife to coerce her or her reiative to satisfy uniawfui demands of dowrv. The hyper technicai view wouid be counterproductive and would act against interests of women and aoainst the object for which this provision was added. there is every iiKeiihood that non—exercise of inherent power to quash the proceedings to meet the ends of iustice would prevent women from settiino eariier. That is not the object of Chapter XX—A of the indian F’ehai Code. i5. in View of the above discussion, we hoid that the r i High Court in exercise of its inherent powers can ouasn criminal proceedings or FIR or comoiaint and Section 32f) of the Code does not iirnit 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 of the Court to encourage genuine settlements of matrimonial i mane twum 4SCC 673 H f rjisputes and the provisions of $e9tion 320 of ihe Coa‘e of Criminal Procedure do not iimit or affect the powers undo? Seoiion 482 of the Code of Criminal Procedure, 4. in the instant ease, the petitioner & respondent No.2 are husband & Wife and they are residing together. Now they have fiied a goint appiication for permission io compound the offence categoricaliy stating iiherein that the disputes and grievances between them have been settied withoui‘ any m’eseure and fear. 5. in View of the aforementioned pronouncement of the Apex Court and the fact that the petitioner 8: respondent No.2 have settled their ciisputee amicabiy without eressure or fear, it would be in the interest of justice to allow the netition and quash oriminat‘proceedings eending before Judiciai Magistrate, First Ctase; Kanker. 6. Consequentiy, the petition is aitowed and the criminai proceedinge mending in the Court of Judiciai Magistrate; First Class, Kanker, in Criminal Case No.35i/‘2OD7 are hereby quashed. i.A.i\ios.t/"ZUD8 8: 2/2008 stand disnosed ot.