AT BILASPUR Cr. M. P. NO.(%L9/£E / 2010 W63 Igeamh Vikas Gautarn, S/ o Shri Pramod Kumar Gautam, Aged about 24 yrs., Pramod Kumar Gautam, S/o Shri Ramchandra Gautam, Aged about 55 years, Gyanendra Gautam, S/o Shri Pramod Kumar Gautam, Aged about 26 years, Srnt. Binadevi Gautam, W/o Shri Pramod Kumar Gautarn, Aged about 52 yrs.,' A11 R/o 51 85 52, Ganpati Bihar, Sikandara, Agra (U.P.), Presently R/o Nai Ka Nagla, Hathras, Janpad Mahamayanagar (U.P.) i; VERSUS RESPONDENTS : - ’1. State of Chhattisgarh, through District Magistrate, District Raipur (C.G.) 2 . ReshikaGautam, W/o Vikas Gautam, Aged about 24 yrs:, R/o Chanakya Parisar, 2/F, Sector 3, Devendra Nagar, Raipur (C.G.) PETITION UNDER Section 482 OF THE CRIMINAL PROCEDURE CODE, 1973 U; FETITI$NERS HIGH COURT OF CHHATTISEvARH AT BILASPUR Single Bench : Hon'b!e Mr'. Justice Pritinker' Diwaker Cr.M.P. No. 37$ of 2&10 Vikas Gaumm and ofher‘s Versus RESPONDENTS/ State of Chha’rti5gcxr‘h £1. anefhen 5hr! Adll MlnhaJ, counsel for the pe‘h'honer-s 5hr! NeeraJ Mehfa P L for The 5Tafe/r'espondenf No 1 5hrl Kshmz Sharma counsel for respondenf No 4 Applimm‘s Vikqs Gam'am, 6yanendm Gam‘am & 5m. Binadevi 6amom and the campiainanT/respondem Na. 2 nameiy Reshika Gaufam are aiso presenf in person They are idem‘ified by Their respec?ive counsel APPLICATION UNDER SECTION 482 OF THE CODE OF oRIMINAL PROé’EDIJRE O R D E R (15.07.2010) Present peTi’rion has been filed for quashing fhe criminal case No. 575/2009 pending before The Judicial Magistra‘re, Firsf Class, Raipur on 'H’ie basis of F.I.R. lodged by The respondent No. 2 vide Crime No. 161/2007 regisfered a? R5; Devendra Nagar, Raipur. Z. IT is slated in the petition that the marriage of the respondent No. Z/complainant was solemnized with applicant No. 1 Vikas Gautam on 19.42007 at Uttar Pradesh, According : to the parties, from the beginning there used to be some dispute and misunderstanding between them and as unfortunately the couple could not adjust, they started living l separateiy‘ since September, 2007. It has been further submitted that due to some misunderstanding between thel parties, on 13.12.2007 F.I.R. was lodged by the complainant making uHegafion againsT ail the pefi'fioner's for- subje¢+ing he!" To cruelty. IT has been further subrhif’red by ‘rhe par-14% fhcn? subsequenTly, The pa'ritioner’ Na. 1 and the respondent No. 2 have mutually agreed f0 §iva sepcrmgiy and They have am filed appropriate pefifion before The Famiiy Court Raipur‘ fm" mufuai divorcga It has aiso been infermed ”tha’r appima’rion under Sec’rion 125 of The Cade of Criminai Wocedure was dse fiied by 1’he respondent No, 2 bm" uQTimm’ely The same has hegn withdrawn as fhe parties have arrived to mutual settlement, According to the complainant, subsequently she has reaiized that no useful purpose would be served in prosecuting the criminal case and it would be better to settle the dispute once for all. Petitioner No.1 and the respondent; No. 2/ complainant have also filed affidavit clearly indicating that they have mutually settle the matter outside the Court. Respondent No. 2/ complainant has stated that she has no objection if the criminal proceedings are quashed against the petitioners despite it was initiated on the basis of her complaint. 3. This Court put a specific question to the complainant/respondent No. 2 about the authenticity of the application and affidavit filed by her to which she replied that she has compromised the matter, she is no more interested to prosecute the petitioners and to further go for litigation. She states that she cannot live with the petitioners and it would be better for her and the petitioner No. 1 to live separately to have a better future. @ 4. In these circumsmnces and alsa in fhe light of fhe decision of ’rhe Supreme Caur’r in The matter of 3.5. JQshi and others v. state of Haryana and another reported in (2903) 4 SCC 675 wherein if has been held fhm‘ ST is The dutry 0f The CourT f0 encourage genuine set‘tlemem‘s of mq‘rrimonial dispufes even if ‘rhe offence aHeged is a non-cempuundable one, the petition is aiiowedk FIR dated 13,122007 registered at P.5i Devendra Nagar, Raipur vide Crime No. 161/2007 and consequent to that Criminai Case No. 575/2009 pending before the Judicial Magistrate, First Class, Raipur for the offence punishable under Sections 498—A, 406 and 3Z3 of the Indian Penal Code is hereby quashed. l Pritinker Diwaker i Judge :l g Sd/- ‘