r IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR CRIMINAL MISC.PETITION N0.s 5^-7 OF 2010 PETITIONERS p -..•• ^^ '^^^•"1 ..•^''^&'^1' -•••' ...:\ ••'\<\>.'' .^r^ '<^-""" ^^^\ ^^-v^ ^ .-<?- Rajendra Patel, S/o. Yatram Patel, aged about 3^ years R/o. Sis Ram. Park, B-5253, Second Floor, Uttam Nagar, (East) Police station Uttam Nagar, New Delhi. Yatram Patel, S/o. Jagatram Patel, Aged about 67 years, R/o. Near Ram Bagh, Kotra road, Raigarh (C.G.) Chait^aWl Kumar Nayak, S/o. Chunnilal Nayak, Aged about 45 years R/o. Hemu NagcU-^^'^iiaspur (C.G.) Sashi Nayak, W/o. Chaitanya Kumar Nayak, Aged about 37 years^.R/0. Hemu Nagar,^Yt>^iiaspur (C.G.) Smt. Ratna Patel, W/o. Yatram Patel, aged about 58 years, R/o. Near Ram Bagh Kotra Road, Raigarh. (C.G.) Smt. Meena Patel, W/o. Sravan Kumar, g.ged^a.bout 37 years R/o. ^atesarTana Davra, Dist. Janjgir Champa (C.G.) VERSUS RESPONDENTS RESPONDENT Coinplainant \^ State of Chhattisgarh, Through: Station House Officer, Police Station Civil Lines, Bilaspur, District BUaspur (C.G.) Sunita Patel, W/o. Rajendra Patel D/o. Haidhar Prasad Patel, R/o. Om Nagar, J'arhabhata, Bilaspur, Distt. Bilaspur (C.G.) 1 ?- PETITIQN U/S. 482" OF CR.P.C. FOR QUASHING OF THE CRIMINAL CASE N0. 417572007 PENDINGAGAINST THE PETITIONERS IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, BILASPUR (C.G.t HIGH COXJRT OF CHHATFISGARK AT BILASPUR < UTtfT»By^Z&? '2P %iSI» 7T7€S'rlT^^af- 'a®¥-i^T%'?'3^' 5 1 versus Raiendra. Patel & Ofhers State of Chhattisgarh &. Anotl's.er SIiri B.D.Guni, couiisel for the appacants. SliriVivck Shai-ma, P.L. fortlie State. Sbri PrafuU N.Bharat, coiiiisel for fhe resp.NO.2. Applicants 1,2,3,4, 5 & 6 namely Rajendra Patel, Yatram Patel, Chaitram Kum.ar Nayak, Siiashi Nayak, Smt. Rataa Patel & Siat. Meena Patel and the respondent N0.2/coiBplainaat la.amely Siuiita Patel are also picsent in person. TIiey are identified by fheir icspective counsel, PETITION UNDBR SBCTION 4S20F THS CR.P.C. '\"' The present petitiou has been filed for quasfiing ftie Crimmal Case No. 4175/2007 pendmg before the Chief Judicial Magistrate Bftaspiir on the basis of FIR lodged by respondent N0.2 vide Cr. No. 717/07 registered at police station CivU Lines, Bilaspur. 2. It is stated in the petition ffaat the inardage of t'he i^spondent No.2/coniplauiaiit was solemnized with the applicaat N0.1 Rajendra Patel on 21.5.2005 at Raigarh. According to fhe parties, froin the beginniag there: used to be soiae dispute between fheiu a&d unfortaaately as the couple could not adjust, tliey are Uving separately. It has been fiirfher stated fhat due to soine inisunderstaadine between them., PIR dated 29.09.2007 was lodged by tlie coniplaiaaiit niakiug aUegation agaiust the applicaafs for subjectuig her to cruelt}r. Subsequentty, fhe com.plamaat lias realized that no usefiil purpose would be served in pursuia.g the said coiQplaiiit aiid it would be bctter to settle the dispute once for au. T'his petition is diilv sutst>orted bV the af&davit of fhe auplicaat N0. 1 aiid the ^ coiuplainaat/resp. N0.2. Coinplaiaant Siinita Patel wbo is present ia tfae Court has categoricaUy stated fh.at she is no inore iaterested in prosecuting fhe case aad waats to com.proinise fhe inatter. Botti the parties ha.ve stated that fb.e earUer coiapromise (Annexure A/ 1) recorded betweea fheia was wittt fi-ee consent of fhe pariies aud. without any fear or pressure froiu anyone. Respondent N0.2/complaiaant has stated th.at she has no objection if the entire criminal proceedings agai&st fhe applicaats which have been iuitiated on the basis ofher coinplaint are quashed. 3. This Coiirt put a spect&c question to fhe coiuplaiaaitt/resp. N0.2 about the aathenticity of the afRdavit and fhe petition as filed uitder Section 482 of the Cr.P.C. to which s.he repHed tbat she has already coniproniised the niatter aad she is no IUOIE iiiterested to farther prosecute ihe a.pplicants aiid to go for Ittigation. Sbe bas stated fhat she cannot Uve with the appUcants and has takeu a decision to divorce the appUcant No. 1 so fhat they can live separstely aitd caii thiak over their future. 4. Thus, keepuig in. view the fact fhat parties have ajready entered into a coinproinise aiid everything has been settled outside tlie Court, being verv inuch laindful of verdict of fhe Supreiae Coiut in. fbe matter ofB.S.Jsshi & Others V. State of Haryaaa SE Another reported ia (2003) 4 SCC 675 whereia it has 'been held fhat it is the duty of the Court to encourage senuine setUeiaents of luatriinordal disputes even if fhe oifence aileged is a non-coinpoundable one, fhe petition is aUowed. 'T'Iie FIR dated 29.9.2007 registered at poUce station Civfl Liaes, Bilaspur vide Cr. N0. 717/07 aad consequent to that Cr. Case N0. 4175/07 pending before the Chief Judicial Magistrate, BiSaspur for the ofience p-iirushable under Sections 49S-A/34 of fhe IPC. is herebv quashed. Sd/- Pritinker Diwaker Judge