/.; •^ ,\ l:llw', HIGH COURT OF CHHATTISGARH. BILASPUR Criminal Misc. Petition No.492 of 2009 APPLICANTS: 1. 2. 3. Abhishek Mitra S/o Ardhendu Kumar Mitra, age about 28 years, R/o Qr. No.145, 51, Avenue D.A.E. Township, Kalpakkam Sadras West Tamilnadu. Ardhendu Kumar Mitra S/o Amarendra Nath Mitra age about 57 years. Smt. Usha Mitra W/o Ardhendu Kumar Mitra age about 54 years. Both R/o Qr.No.SO, C-Type-3, Sector-4, Chandrapur (Maharashtra) NON-APPLICANTS: Versus 1. Smt. Supriti Mitra W/o Abhishek Mitra age about 24 years, R/o Through Subratpal, Telipara, P.S. City Kotwali, Bilsspur (C.G.) 2. State of Chhattisgarh, Through Police Station Mahila Thana Bilaspur C.G. Distt. Bilaspur, C.G. (Petition under Section 482 of the Code of Criminal Procedure, 1973) (SB: Hon'ble Mr. T.P. Sharma, J) Present: Mr. Upendra Bharat with Mr. O.P. Agrawal, counsel for the petitioners along with all the petitioners. Mr. Vivek Sharma, counsel for respondent No.1 along with respondent No.1. Mr. QamrulAziz, Panel Lawyerforthe State/respondent No.2. ORAL ORDER (7-12-2009) 1. The petitioners have filed this petition under Section 482 of the Cr.P.C. challenging the order dated 1 9-6-2009 passed by the Judicial Magistrate First Class, Bilaspur, in Criminal Case No.79/2007, whereby learned Judicial Magistrate First Class has rejected the application filed by the petitioners for compromise. 2. Report of the Registry perused. 3. Complainant/respondent No.1 Smt. Supriti Mitra & petitioner No.1 Abhishek Mitra have entered into compromise with each other, they have e al \a\ [he 'E-s%- decided to end their marital relations and the petition for divorce is pending in the Family Court, Bilaspur. Now there is no chance of amicable settlement between petitioner No.1 & respondent No.1 for living together and parties have filed a joint application for permission to compound the offence categorically stating therein that the disputes and grievances between them have been settled without any pressure and fear. Report of the Registry reveals that they have entered into compromise voluntarily. 4. Learned counsel for the petitioner placing reliance upon the judgment 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 Code of Criminal Procedure the offence under Section 498A of the I.P.C. is non- compoundable in nature yet the criminal proceedings initiated for the offence punishable under this section can be quashed by exercising jurisdiction under Section 482 ofthe Cr.P.C. Relevant portion ofthe said judgment 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 that non-exercise of inherent power to quash the proceedings to meet the ends of jusfice 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 ofthe Code." 5. Thus according to the above cited decision of the Apex Court it is the duty of the Court to encourage genuine settlements of matrimonial disputes and the provisions of Section 320 of the Code of Criminal Procedure do not limit or affect the powers under Section 482 of the Code of Criminat Procedure. •»Bfe@,: i.^^^;-. ii !'"'ai'B f jy /. 6. Permission is granted and as a result of compromise, criminal proceedings against the petitioners pending in the Court of Judidal Magistrate First Class, Bilaspur, in Criminal Case No.79/2C07 are hereby quashed. 7. The petition is accordingly disposed of. 8. Consequently, I.A.No.1 stands disposed of. Sd/- T. P. Sharma Judge Soma