IN THE HON'BLE HIGH COURT OF CHHATTISGARH JkTBILASFUR Cr.M.P. N0. ^ /2010 PETITIONERS (ACCUSEDI (COMPLAINANT) ."^. •$?%t RESPONDENT :1. 2. ^ Balram Yadav S/o Late Kanhaiyya Lal Yadav, aged about 42 years Smt. Kiran Yadav W/o Balram Yadav aged about 40 years Both R/o Village Jhkiya, Police Station- Ambagarh Chowki, Distt.- Rajnandgaon (C.G.j. VERSUS State of Chhattisgarh Through — Station House Officer, Police Station- Ambagarh Chowki, Distt.- Rajnandgaon (C.G.). PETITION UNDER SECTJON 482 OF THE CODE OF CRIMINAL ~~7~ PROCEDURE 1973 FOR QUASHING THE CONVICTION AND ~7~ SENTENCE IMPOSED UPONTHE PETITIONER N0.1 AS WELL AS THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER N0.1 1NCLUDING THB PROCEEDINGS PENDING 's BEFORE THE LEARNED APPELLATB COURT I.E. THE "y ADDITIONAL SESSION JUDGE RAJNANDGAON (C.G. Sf^y W R-f wTan^Tipira? \-;'- tJWCIT (1)*(1<!|» 'S^T '*IWW^, ESifll'M'lto, ls<MI'M'4,< . (^•>-^.P.f^).^c1S/lO "•^200 sn^t '^sp' (ict(3'i«t?) TOIIW ^lfel 311^1 SB : Hon'ble Shri Manindra MohanShrivastava, J 15-09-2010 Shri Sameer Singh, counsel for|the p^ttoner. Shri Avinash K. Mfehra, Panel Heard. Uawyer Ibr the State. This petition under Sectton 48j petitioner for setting aside the judgmetrt dated 18-09-20CS passed by the Jud) Chowki in Crimlnal Case ^to. 457/20081 ttle Learned counsel fbr the petiti4ner complainant-Smt. Kiran Yadav, an offence has been registered against the petjttoherand offence and was convtoted. Against sentence, the petittoner has preferred| Rajnandgaon. During the pendency of|the complainant have now resolved their | live together and lived peaceful marriep and the complainant have moved sectlon (1) S (2) of the Cr.P.C. Rajnandgaon and the sak) applicatfor^ its order dated 28-05-2010, and theref the Cr.P.C. has been filed forquashihg basis of amicabte settlement and unioh relying upon the decision of the Supi|er andOtfters vs. State cfHaryana andf<ptfterSi The petitioner and the complaina|it are present in person ^tl^fff^ *irtT<?ff'^ffel<il <f^t$R ^giRpTsn^r of the Cr.P.C. has been filed by the of conviction and order of sentence iat Magistrate First Class, Ambagarh submits that on the oomplaint of under Sectton 498-A of the IPC he was tried for oommission of judgment of conviction and order of |an appeal before the Sessjons Judge, appeal, the petitioner and his wife- yispute amicably and they decided to life. It is submitted that the petitioner apptication under Swtion 320 sub the Additional SessksnS 'Judge, was rejected by the Court below vide bre, this p^itton under Section 482 of of the eriminal proceedings on tfie ofthe petitioner and the complainant eme Court in the case of 8. S. Joshi Ithers, A.lft. 2003 S.C. MSfc- afi b^fore S-fi.T V"Sy ;u.tRRi. !W]~<Pli.»-•-FS/147—2'2010—i,00,(X)C. -^-^^^ .^- < '^'^^' s'- ^ "-^ ^: ^-'* ' :-b'^£-^^- ', vfwwi %*n^ ^ST '<liqi<nq, ®Tll<H'16, [s(MI'H'J,< . <"a-.'p0, P w.^^ ^CD•^200 sn^f 'T^? (i?(3°"t?) sn^r^ f^Tfi4> ?WT3IT^T ai^I^ CWIW ^lfcl 311^1 —^_ iii«i[ii«i)iwRff'? ft^t <n>i«;i< ^? aifiiH <RI^I Y. laNt Tumane befdre The complainant has stated her dispute with the petitioner-husband their married life. Takihg into consideration the this Court that she has resotved all |and are now living together happily in contents of the applicafon and the submission made by the petitioner as w^tl as the complainant before this Court and also taking into consideratton th|^ interest of the petitjoner and the complainant and their married life and th^ judgment of the Supreme Court in the case of B. S. JOshi (supra), the. petiti^n is allowed. Impugned judgment of conviclion and order of sentence pass^d by the Court below are hereby set asMe. The petitionerNo.l-Balram Yadav levelled against him. The appellate Courl ofthe order now passed bythis Court in l^iis petition. I is therefore acquitted of the charges shall dispose olTthe appeal in the light Sd/- Manindra Mohan Shrivastava Judge i<i'r Siffl^ ii»"fi 3'-!fiplY<P!CT - '••f'S'!47—2'2»IO —!,00,000,