HIGH COURT OF CHHATTISGARH AT BILASPUR Cr.M.P. No. 804/2010 1. 2. 3. vs. D.V. Sangeeta D/o Shri. D.V. RamaRao Age 32 year R/o MIG l/1035 HUDCO Bhilai District Dur^ [C.G.]. Bharat Singh S/o Late Gatabhir Singh Age 61 year R/o A.H-8 Diudayal Nagar Gwalior [M.P.] Smt. Shanti Devi Singh W/o Bharat Smgh Age 59 year R/o A.H-8 Diadayal Nagar GwaUor [M.P.] Hon-Applicant 1. State of CG through Secretary to fhe Govt. of C.G. Dept. of Home, D.K.S. Bhawan, Raipur. 2. Thana Inchar^e Mahila Thaaa Durg CRIMINAL MISCELLANBOUS APPLICATION U/S 482 Cr.P.C. (SB sHoa'ble Mr. T.P.Sharma, J.( Present:- Ms. Paukhuri Saxena, Advocate for fhe petitioners. Mr. Rakesh Kuinar Jha, Dy. G.A. for the State/respondents. ORAL- ORDBR (Passedon 04/02/2011} 1. The petitioners have filed this petition under Section 482 of the Code of Crimmal Procedure, 1973 (in short fhe Code') challenging the order dated 19/8/2010 passed by the Judicial Magistrate Ftrst Class, Durg (C.G.) m Criminal Case No. 271/2008 whereby leamed Judicial Magistrate First Class, Durg (C.G.) has rejected the application filed by fhe petitioner No. 1 for comproniise. 2. Report of the Registry perused. 3. Petitioner No.l D.V. Sangeeta and petitioners No.2 & 3 namely Bharat Singh 8s Smt. Shanti Devi Singh have entered tnto compromise, they have decided to end fheir relations. Now there is no chance of aaiicable settlement bet\veen petitioner No. 1 D.V. Sangeeta. aiid petitioners No.2 & 3 namely Bharat Smgh & '•'i-.,^53® . B i "^ ®s e&. ''fes3<<'i''J? ''^-•^. ''^y ^p Smt. Shanti Devi Singh for living together and parties have filed a jomt application for permission to compound the ofience cateRoricallv statins theretn that tfae disputes and grievances betw^een fhem have been settled wifhout any pressure and fear. Report of fhe Registry reveals fhat fhey have entered tnto compromise voluntarilv. Leamed counsel for fhe petitioners placing reliance upon fhe judginent of fhe Apex Coiirt ui fhe niatter of B.S. Joshi and others v. State of Haryana and another {(2003$ 4 SCC 675} submits fhat fhough tn accordance with ttie provisions of Section 320 of fhe Code of Criminal Procedure the ofience under Section 498A of the I.P.C. is non-compoundable in nature yet the criminal proceedmgs mitiated for the ofience punishable under this section can be quashed by exercising jurisdiction iinder Section 482 of fhe Cr.P.C. Relevant portion of the said judgment is extracted below:- " 14. There is no doubt fhat the object of iatroducing Chapter XX-A contairung Section 498-A ia. the Indian Penal Code was to prevent torture to a woniaa by her husbaad or by relatives ofber husband. Section 498- A was added wifh a view to puiushing a husband aad his relatives who harass or torture fhe wife to coerce her or her relative to satisfy unlawful demands of dowiy. The hyper technical view would be couiiterproductive and would act agamst interests of woiaen aad ^ainst fhe object for which fbis provision was added. There is every likeKhood fhat non-exercise of inherent power to quash the proceediags to ineet the ends ofjustice would prevent wonien froru setUing earlier. That is not the object of Chapter XX-A offhe Indian Penal Code. 15. In view of fhe above discussion, we hold fhat the High Court in exercise of its mherent powers caa quash crimiaal proceediugs or FIR or couiplaint and Section 320 of flie Code does not limit or affect fhe powers under Section 482 ofttie Code." Thus accordmg 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 fisy t ^ '^ "•%) ': J.t? ^i^.^ .'^?1"^lji^^ 7, 8, Code of Crimtnal Procedure do not limit or affect the powers under Section 482 of fhe Code of Criminal Procedure. Permission is granted and as a resiilt of compromise, criminal proceedings against only petitioners No. 2 & 3 pending in fhe Court of Judicial Magistrate First Class, Durg (C.G.) in Criminal Case No.271/2008 are hereby quashed. The petition is accordingly disposed of. Consequently, I.A. No. 01 stands disposed of. Sd/- T.P. Sharma Judge