IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal. Misc. Petition NoH53 / 2011 PETITIONERS : 1. Om Prakash Sahu S/o Poonam Chand Sahu, aged about 36 years, ^^- ^..{-""~, l^- ^ •••'' ..<\\ . >»** ?.»'-'"\\'' ^^' ^^^.^;'^ '^.>'"""^^^ 3. ^•••" " '^ Poonam Chand Sahu S/o Bhola Ram Sahu, aged about 58 years, Smt. Kumari Bai W/o Poonam chand Sahu, aged about 53 years, All are R/o Vaiage-Dodki, P.S.- Bori, Distt. Durg (CG) Versus RESPONDENTS 1. State of Chhattisgarh through, District Magistrate Durg, Distt. Durg (C.G.) 2. Smt. Duleshwari Sahu, W/o Oir( Prakash Sahu, aged about 33, ^- years, R/o VUlage-Dodki, P.8.- Bori, Distt. Q^rgjeG) PETITION UNDER SECTION 482'_OFCRIMINAL PROCEDURE CODE FOR QUASHITJG OF CMMINAL CASE N0. 137/02" PENDING BEFORE JUDICIAL MAGISTRATE FIRST CLASg DURG ON THE BASIS 0?4&OMPROMISE BETWEEN THE t\ ^ HIGH COURT OF CHHATTISGARH : BILASPUR Single Bench: Hon'ble ShriWlanindraJUIohan SJirivastava, J. Cr.M.P.No.773/2011 Petitioners Respondents Om Prakash Sahu and others Vereus State of Chhattisgarh and another Petition under Section482 ofthe Code of Criminal Procedure Present:- Shri Sunil Sahu along with petitioner Nos.1 to 3, who are present in person in the Court. Ms. Sunita Jain, Panel Lawyerforthe State/respondent No.1. Shri Surfaraj Khan, counsel for respondent No.2 along with respondent No.2, who is also present in person in the Court. ORAL ORDER (Passed on 24-11-2011) Heard. 2. This petition has been filed by the petitioners for quashing criminal proceedings pending in the Court of Judicial Magistrate First Class, Durg in Criminal Case No. 137/2002 for alleged commission of offence under Section 498-A read with Section 34 of the IPC and Section 4 of the Dowry Prohibition Act. 3. Learned counsel for the petitioner submitted that due to certain differences between the petitioner No.1 and his wife respondent No.2, the resppndent No.2 had proceeded to lodge a report against the petitioners, but in course of time, the petitioner No.1 and respondent No.2 have resolved and settled amicably all their disputes between them and they have started living together a happy married life and a child is born out of their wedlock. 4. Learned counsel for respondent No.2 supports the submission made by learned counsel for the petitioners. He also submits that though, a report was lodged initially in the Police Station, which led to filing of charge sheet and initiation of prosecution of the petitioners, in course of time, the parties have settled all their disputes. He submits that the respondent No.2 is now fully ^f"< f &.l^ 'esa^ '*.!S- 's satisfied with the conduct of her husband and in-laws and she is now living with' her husband a happy and satisfactory married life and there is an issue out of their wedlock. 5. The petitioners and the respondent No.2, who are present in the Court, have stated that the petitioner and the respondent No.2 are now living peaeefully and happily with the petitioners in her matrimonial house and the respondent No.2 is no longer interested in prosecuting her husband and in-laws. 6. Taking into consideration the submission made by learned counsel for the petitioners, the written submissions made before this Court by both the parties in their application purporting to be under Section 320(2) of the Cr.P.C. as also taking into consideration the decision of the Supreme Court in the case of B. S. Joshi and Others vs. State ofHaryana and Others, A.I.R. 2003 S.C. 1386 as atso the order dated 06-05-2010 passed by this Court in the case of Rajendra Pate/ & Others vs. State of Chhattisgarh & Another, (Cr.M.P.No.307 of 2010), and after taking into consideration the totality of the circumstances, the present is a fit case for exercising power under Section 482 of the Cr.P.C., particularly, .taking into consideration that the petitioner No.1 and respondent No.2, both have stated before the Court and have also stated in writing that they have settled their disputes amicably and now they are living a happy and satisfactory married life. 7. Accordingly, this petition is allowed. The criminal proceedings pending before the Judicial Magistrate First Class, Durg in Criminal Case No.137/2002 against the petitioners are hereby quashed in exercise of inherent powers under Section 482 of the Cr.P.C.and the petitioners are hereby acquitted from all the charges leveled against them. ——_. ManindraMSnsh"-tava 'e Tumane