IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR JC.G.) CR.M.P. N0. ^ \ U OF 2010 (S.B.) g^ PETJTIONERS 1. Paras Dahariya S/o Late Santram, aged ACCUSED PERSONS about 31 years; 2. Smt. Mahetrin Bai Widow of Santram Dahariya, aged about 60 years; .^••^ ^•t"? ...•* .. . ••••"I'-.w•%\^NV'"" Both R/o Village Kekti, P.S. Takhatpur, ^•^^.%.A< F^;:..---"-z^«^- M<.' RESPONDENTS: PROSECUTION COMPLAINANT District Bilaspur (C.G.). VERSUS 1. The State of Chhattisgarh, Through: Police Station Takhatpur, District Bilaspur (C.G.). 2. Smt. Anita Dahariya W/o Paras Dahariya, aged about 22 years, R/o Village Senwar, Police Station Chakarbhata, District Bilaspur (C.G.). CRIMINAL PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR QUASHING OF THE CRIMINAL CASE PENDING AGAINST THE PETIT10NERS IN THE C_OURT OF JUDIClAL MAGlSTRATE FIRST CLA&S, TAKHATPUR AS CRIMINAL CASE N0. 672/2009,- s.iiisasa S8lBBi-B8B ^i^^^^i ^®.;%-^ /•',>fest^ ^ -^) '•"'. ^^';i r HIGH COURT OF CHHATTISGARH : BILASPUR SINGLE BENCH : HON'BLE SHRI MANINDRA MOHAN SHRIVASTAVA.J. PETITIONERS RESPONDENTS Cr,M.P No.810/2010 Paras Dahariya and another Versus The State ofC.G. and another (Petition u/S 482 ofthe Cr.P.C) Appearance: Shri M. K. Bhaduri and Srut Rani Pathak, counsel for the petitioners. Shri Pradeep Singh, Panel Lawyer for the State/respondent No. 1. Shri Ravi Maheshwari, counsel for respondent No.2/complainant. Petitioner No.l. Shri Paras Dahariya andcomplainant/respondent Smt. Anita Dahariya are present in the Court. ORAL- ORDER (Passed on22.il .2010) 1. It is stated that petitioner No.2- Smt. Mahetrin Bai could not remain present before the Court as she is a lady aged 60 years and suffering from various ailments. 2. This petition under Section 482 of Cr.P.C. has been filed for quashing Criminal Case No.672/09 pending in the Court of Judicial Magistrate First Class, Takhatpur. 3. Learned counsel for the petitioners and learned counsel for the complainant/respondent No.2 as also petitioner-husband Paras Dahariya 8s complainant -Anita Dahariya submitted before this Court that because of certain dispute between the parties, various proceedings were instituted including, a criminal case against the petitioner No.l- ^:'"-" ... ••": ":•-. ^'^v'n\ tt. -'2- 9 8 ^ ^l^^ 'P ^^••~'^ K 4: Paras Dahariya and his mother/petitioner No.2- Smt. Mahetrin Bai alleging comniission of offence under Section 498 A read with Section 34 of the IPC on the complaint of Anita Dahariya. Their joint submission is that now the parties have amicably settled all their disputes in order to bring about all differences and on the basis of such amicable settlement and resolution of dispute whatever were pending, the proceedings under Section 125 Cr.P.C. have also been closed and finally disposed of by Family Court vide order dated 22.2.2010 passed in MJC No.44/08. It is also submitted that in Criminal Case No.879/09 pending in fhe Court of Judicial Magistrate First Class, Takhatpur, against the petitioner and other accused persons alleging coinmission of offence under Section 494/109 of the IPC has also been finally disposed of and the petitioners have been acquitted of fhe charges in that case on the basis of the offence having been compounded, as the parties have amicably settled and resolved their disputes. 4. Complainant Smt. Anita Dahariya states that under an agreenient, the petitioner- Para Dahariya has assured to pay her Rs.2 'lacs as one time payment towards maintenance for which she had agreed keeping in view her welfare. 5. It is submitted that though an application for compounding the offence under Section 498 A/34 of the IPC was filed before the Court below, as the same is not compoundable under Section 320 of Cr.P.C., the same has been rejected. Therefore, this petition has been filed. 6. Learned counsel for the petitioners relies upon the judgment of Suprerae Court in the case of B.S. Joshi and others Vs. State of Haryana and ^^y ''SSSssaSSy' ^^S8P Praveen -3- another1 as also fhe order passed by this Court in the case of Sandip Kutnar and Ors. Vs. State of Chhattisgarh passed on 1st October, 2010 inCr.M.P. No.684/10. 7. Taking into consideration the submissions of the parties, the affidavits filed by the petitioners as also by the complainant and that other cases between the parties have already been finally disposed of in various proceedings on the basis of compromise arrived at and after being satisfied that the parties have amicably settled their dispute without any coercion or undue influence and that the coraplainant- Smt. Anita Dahariya, present in the Court, is willing for such settlement, as also taking in to consideration the law laid down by the Supreine Court in the case of B.S. Joshi (supra) and order passed by this Court in the case of Sandeep Kuinar (supra), the petition is allowed. 8. Accordingly, in exercise of powers under Section 482 of the Cr.P.C., the entire criminal proceedings initiated against the petitioners in respect of which fhe petitioners are facing prosecution for alleged cornmission of offence under Section 498 A read with Section 34 of the IPC in Criminal Case No.672/09 pending before the Judicial Magistrate First Class, Thakhatpur are hereby quashed. Petition is accordingly allowed. Sd/- Manindra Mohan Shrivastava Judge ; AIR 2003 SC 1386