6. Versus RESPONDENTS: HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 20/2011 PETITIONERS: . 1. Abdul Wahidul Rehman,S/o Late Shri Salim Khan, aged about 27 years, 2. LatifKhan, S/o Late Wahid Khan,aged \ about 46 years, i 3. Mujibul Rehman, S/o Late Shri Salim Khan, aged about 32 years, 4. Kamrun Nisha, W/o Shri Salim Khan, aged about 60 years, 5. Najiran Begum, W/o Shri Latif Khan, aged about 39 years, Sabina Begum, W/o Shri Mujibul Rehman, aged about 28 years, A1I R/o Nawagarh, District Durg (C.G.) State of Chhattisgarh through Police Station Incharge Chakarbhatha, District Bilaspur (C.G.) 2. Smt. Sharina.Bi, W/o Abdul Wahid Rehmari, R/o Chakarbhatha Camp, Pblice Station Chakarbhatha, Bilha, Dista-ictBilaspur(C.G.) PETITION UNDBR SBCTION 482 OF THE CODE OF CKEMINAL PROCEDURE, 1973. (SB: Hon'ble Mr. T.P. Sharma, J) Present: Mr. Roshan Dubey, Advocate for the petitioners. Mr. Sumit Jhanwar, P.L. for the State/respondent No. 1. Respondent No. 2 Ms. Sharina Bi is present in person. ORAL ORDER (Passedon 07/02/2011) 1. The petitioners have filed fhis petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') challenging the order dated 5/5/2010 passed by the Judicial Magistrate First Class, Bilaspur, in Criminal Case No.1121/06, whereby learned Judicial Magistrate First Class, Bilaspur has rejected the application filed by the petitioners for compromise. 2. Report of the Registry perused. ^ 3. Complainant/respondent No.2 Smt. Sharina Bi & petitioners have entered into compromise, they have decided to end their relations. Now there is no ehance of amicable settlement between petitioners 85 respondent No.2 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 wifhout any pressure and fear. Report of the Registry reveals that they have entered into compromise voluntarily. 4. Learned counsel for the petitioners 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 of the Cr.P.C. Relevant portion of the 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 counterproducdve 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 ofjustice would prevent women from settling eariier. That is not the object of Chapter XX-A of the Indian PenalCode. 15. In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or PIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code." ^s^ '? 1^^^^. 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 Criminal Procedure. 6. Permission is granted and as a result of compromise, criminal proceedings against the petitioners pending in the Court of Judicial Magistrate First Class, Bilaspur, in Criminal Case No. 1121/06 are hereby quashed. 7. The petition is accordingly disposed of. 8. Consequently, I.A. No. 01 stands disposed of. Sd/- TPlShanna Judge I','