SldfltoBwNh IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) CRIMINAL MISC. PETITION N0. /SSW 20i0 PETITIONERS -^^•^ »(•• ••;^^-®^-*:p ^^-•-^'^^^ "^' RESPONDENTS 1. COMPIAINANT Bhagwati Chand Bhinda, S/o Shri Mangilal Bhinda, Aged about 70 years, Smt. Krishna Bhinda,. W/o Bhagwati Chand Bhinda, Aged about 64 years, Both R/o Plot. . No. 224, Kalpana Nagar, Raisen Road, •Bhopal, Police Station Piplani (M.P.) Versus State of Chhattisgarh Through Police Station- Mahila Thana, Durg, District Durg (C.G.)' Smt. Smita Bhinda,: W/o Shri Hadhur Bhinda, Aged about 29 years,' Presently residing • at Quarter No.8, Street No.IO, Sector-10, Bhilai, Police Station-Bhilai Nagar, Tahsil 'and District Durg (CG) PETITION UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 2. ^ HIGH COURT OF CHHATTISGARH AT BILASPCR SB : HOK'BLB MR. JUSTICE PRITINKER DIWAKBR NON-APPUCANT versus Bliagwati Chaaid Bhinda & An.ofher Stats of Chhsttisgai'h & Another Siat. F'ouzia Mirza, coiinsel for the appUcaats. Shri U.K-S.Chaiidel, P.L. forthe State. Shri Ainaa Kesanvani, coiuise} fbr the resp.NO.2. Applicants Bhagwatl Chand Bhiuda & Smt. Krishna Bhnida aad fhe coinplamaiit namely Sint Smita Bhiada are also present iu person. They are identified by tneir i^spective coun.sel. PETETION UNDER SECTION 482 OP THE CR.P.C. ORDER (25.02.2010) The present petition has been filed for quashing the Cilrainal Case No. 251/2009 pendiag before t'he Judicial Magistrate First Class Durg pursuant to the registration of Cr. No.37/2008. 2. It is stated ia the petition fhat the siarriage of flie respondent No.2/coinplaiaaat was solemnized \vifh the son of the applicaats namely Madhur Bhiada on 27.6.2004. However, the couple Mved together only for about five inonfhs aad in between there were soine diffeiTeaces between them. Out of fhe wedlock fh.cy were blessed wifh a son aa.d it is stated fhat the wife is in custody of fhe said cluld. It is atso stated that unfortunately as the couple could not adjust due to some Busi.indei-standin.g between theni, oa 22.7.2007 a written report was lodged by the complainant aad on which basis PIR was registered at Mahila Thana, Durg aad siace then tfae applicants are fqcing the prosecution for the offence iinder Section. 498-A of the IPC. SubseqiientJy, the coniplaiiiaQt has realized fhat no usefiil purpose would be served in pursuing the said case and it would be better to settle fhe dispute once for 3. This petition is duly supported by fhe affidavit of the parties. It has been infonaed that the divorce has already taken place between the coniplauiaat aad her husbaad aad fhey have decided to start fheir new lite. The coniplainant Sm.t. Snuta Bhinda who is oresent. in fhe Coiirt has categoricaUy stated fhat sbe is no tuore iaterested to prosecute her report registered vide Crime No. 37/2008 and also the Cr. Case N0. 251/09 and tiiercfore the FI'R dated 22.7.2007 lodged against fhe applicants inay be quashed. 4. In these circutnstaiices and also iu the Vfht of fhe decision of the Supreuie Court iu fhe niatter of B.S.Joshi & Others V. State of Haryana fe Atiother reported m (2003) 4 SCC 675 whereia it has been held fhat it is fhe du1y of fhe Court to encourage genuine setfleiuents of inatrunonjal disputes even if fhe offence aUeged is a non-coiapoundable one, the petition. is atlowed. FIR dated 22.7.2007 registered at Mahila Thaaa, Di.irg vide Crtme No. 37/08 for fhe offence pmushable under Sections 498-A/34, 406 of the IPC aad Section 4 of fhe Dowrv Proliibition Act & Cr. Case No. 251/2009, is hereby quashed. —-—- Sd/- pritinkerDiwakar Judge