Sushil Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P No.431 of 2018 Sushil Mishra S/o S. N. Mishra Aged About 28 Years R/o Qtr. No. 8/16/24, First Battalion, C A F Line, Bhilai, District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station Mahila Thana Durg, District Durg Chhattisgarh, District : Durg, Chhattisgarh

2. Smt. Bindu Mishra W/o Sushil Mishra Aged About 32 Years R/o L. I. G. 11/3, Nehru Nagar East, Bhilai, District Durg Chhattisgarh, District : Durg, Chhattisgarh -----Respondents For Petitioner:

Shri Praveen Dhurandhar, Advocate along with the Petitioner.

For Respondent No.1/State:

Shri Arvind Dubey, Panel Lawyer.

For Respondent No.2:

Shri Tarun Dansena, Advocate along with Respondent No.2.

Single Bench:Hon'ble Shri Sanjay Agrawal, J Order On Board 23.10.2018 1.

The Petitioner has filed this Petition for quashing the FIR registered by his wife on 13.02.2018 under Section 498-A IPC before the police station, Mahila Thana, District Durg in connection with Crime No.2/2018. 2.

During the pendency of this Petition, an order was passed on 09.05.2018 while referring the matter to the Mediator for mediation and the parties were accordingly directed to appear before the Mediator on 17.05.2018. As per the said direction, the parties appeared before the said Mediator who, in turn after conducting the mediation, has submitted its report on 20.07.2018 in which, it has been observed that the parties have settled all

their disputes. The said report which was submitted on 20.07.2018 contains the following terms and conditions:- "(1) Both the parties agree to withdraw the Case No.355/2018 filed under Section 125 of Cr.P.C for maintenance preferred by Wife namely Smt Bindu Mishra which is pending before Family Court, Durg and is fixed for 28.06.2018.

(2) Both the parties agree to withdraw all such cases, if any, pending either in Family Court or in the High Court of Chhattisgarh regarding their matrimonial/conjugal life filed by them against each other and they will move application to withdraw such cases by their own.

(3) The first party shall not use any abusive words against the second party/children and shall not quarrel/fight with them as well.

(4) Both the parties will never deteriorate the image of each other and each other's family and will start living peacefully.

3.

In view of the aforesaid settlement, this Court is of the opinion that it would be just and proper to drop the entire proceedings initiated in pursuance to the impugned FIR registered on 13.02.2018 by Respondent No.2 under Section 498-A IPC in connection with Crime No.02/2018. 4.

The impugned FIR is quashed and the Petition is accordingly allowed. Sd/- (Sanjay Agrawal) JUDGE Priya