IN THE HIGH COURT OF JUDICATURE AT BILASPUR Criminal Misc. Petition Nof§3§ OF 2010 g @gmii (1) Sharda Patel W/o. Hemlal Patel, ‘ Aged about 24 years, R/o. ‘ Village— Telikot, Tahsil- Kharsia, District- Raigai‘h (C.G.) (2) Hemlal Patel S/o. Panchram, 1 Aged about 26 years. i (3) Panchram Patel S/o. Jaitram, Aged about 60 years. (4) Setkunwar W/o. Panchram Patel, Aged about 50 years. (5) Bharat Ial S/o. Panchram Patel, Aged about 2O years. All Rlo. Vlllage— Dhlmanl, Tahsll— Kharsia, District — Raigarh (C.G.) VERSUS PETITIONERS RESPONDENT : State of Chhattisgarh, through, Station House Officer, Police Station— Kharsia, District—Raigarh. PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE. HIGH COURT OF CHHATTISGARH : BILASPUR ' Sin Ie Bench: Hon’ble Shri Manindra Mohan Shrjvastava J. Criminal Misc. Petition No.833I2010 Petitioners Sharda Patel and Others Versus State of Chhattisgarh (Petition under Section 482 of the Code of Criminal Procedure) Respondent Present: - Shri Abhishek Saraf, counsel for the Petitioners. Shri Pradeep Singh, Panel Lawyer for the State. r Applicant No.1-Sharda Patel, Applicant No.2-Hemlal Patel, Applicant No.3- Panchram Patel, Applicant No.4-Setkunwar and Applicant No.5-Bharat Lal are also present in person before the Court today. ORAL ORDER (Passed on 11‘“ or Navember, zo1o) Heard. (2) Learned counsel for the petitioners submitted that on account of certain disputes between the parties, particularly the applicant No.1 and applicant No.2, who are husband and wife, a case for commission of offence under Section 498-A read with Section 34 of the l.P.C. has been registered against the applicants No.2 to 5 in Crime;No.376 of 2005 by Station House Officer, P. S. Kharsia. District Raigarh and later on. charge sheet has also been filed in the Court of Judicial Magistrate First Class, Kharsia, Ion which, Criminal Case No.386 of 2009 has been registered and charges have also been framed. (3) Learned counsel for the petitioners submitted that now the applicant No.1 on one hand and applicants No.2 to 5 on the other hand have settled their disputes and are maintaining cordial relations. He submits that as gesture of ‘ goodwill and settlement of disputes. the applicant No.1-wife has accepted the amount of Rs.30,000/- as maintenance from her husband i.e. applicant No.2. ‘Though. an application under Section 320(2) of the Cr.P.C. was moved before the Couit below, but the same has been rejected by the learned triai Court vide its order dated 25-08-2010 as the offences are not compoundable. (4) Learned counsel for the petitioners submitted that as the husband and wife and other members of the family of the husband have entered into an amicable settlement of their disputes and differences and they are willing to live peacefully maintaining cordial relation with each other and the applicants No.1 & 2 have also on their freewill and consent, decided to go for mutual divorce. criminal proceedings for the alleged commission of offence under Section 498- A of the l.P.C. may be quashed by this Court in exercise of inherent power under Section 482 of the Cr.P.C. ln support of his case, teamed counsel for the petitioners relies upon the decision of the Supreme Court in the case of B. s. Joshi and Others vs. State of Haryana and Others, Am. 2003 s.c. 1386 as also the order dated 06-05-2010 passed by this Court in the case of Rajendra Pate! & Others vs. State of Chhattisgarh & Another (Cr.M.P.No.307 of 201 0). (5) From a perusal of the petition and the afhdavits of appticants No.1 & 2, it ’4 is found that the applicant No,1 on one hand and the applicants No.2 to 5 on the other hand have settled their disputes and arrived at amicable settlement and the applicant No.1 is willing to withdraw allegation levelled against‘the applicants No.2 to 5. The parties, who'are present in the Court including applicant No.1 have clearly stated that the disputes amongst them have already ‘ been resoived and they have decided to bring their disputes to come to an end and the present applicants filed application under Section 320(2) of the Cr.P.C. as also this petition under Section .482 of the Cr.P.C. without any threat or J coercion, nor is their any collusion. _g_ In the above circumstances, reiying upon the judgment of the Supreme Coult in the case of B. S. Joshi and Others vs. State of Haryana 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), it would be in the interest of justice to bring the criminal proceedings to an end. (6) (7) Accordingly, the petition (Cr.M.P.No.833 of 2010) is allowed. Proceedings in Criminal Case No.386 of 2009 pending before the Court of Judicial Magistrate First Class, Kharsia, Disttict Raigarh are hereby quashed. j Sd/- ‘ Manindra Mohan Shrivastava Judge Tumane