Shruti Nanda v. Sankalp Nanda
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1437 of 2016 • Shruti Nanda W/o Sankalp Nanda, Aged About 24 Years R/o Adarsh Colony Near Sindhi Gurudwara, Police Station City Kotwali, District Bilaspur Chhattisgarh ---- Petitioner
Versus
1. Sankalp Nanda S/o Shri V. K. Nanda, Aged About 24 Years R/o 80 - 83 Maitri Vihar Colony, District Dhamtari, Chhattisgarh
2. V. K. Nanda, S/o Shri B. L. Nanda, Aged About 62 Years R/o 80-83 Maitri Vihar Colony District Dhamtari Chhattisgarh
3. Anita Nanda, W/o V. K. Nanda, Aged About 54 Years R/o 80-83 Maitri Vihar Colony District Dhamtari Chhattisgarh
4. Utkarsh Nanda, S/o V. K. Nanda, Aged About 29 Years R/o 80-83 Maitri Vihar Colony District Dhamtari Chhattisgarh
5. State Of Chhattisgarh Police Station City Kotwali, District Bilaspur Chhattisgarh ---- Respondents For Petitioner:
Mr. Rahul Tamaskar, Advocate For Respondents No. 1 to 4 Mr. Prateek Sharma, Advocate For State:
Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 02.02.2017
1. The present petition has been preferred by the complainant under Section 482 of the Cr.P.C. seeking for quashment of the F.I.R which has been registered at the behest of complainant herself against Respondents No. 1 to 4, who are the husband and in-laws of the Petitioner.
2. The Petitioner is present before the Court today and on a query being
put she makes a categorical submission that they have entered into a compromise/settlement and have amicably settled the dispute. By virtue of said compromise/settlement arrived at between them she does not intend to prosecute the Respondents any further and wants the criminal proceeding to be closed once and for all. Respondent No.1 - husband of the Petitioner is also present in the Court along with Respondent No.2, his father.
3. Learned Counsel for the Petitioner also submits that he has specific instructions in this regard and therefore this Cr.M.P. has been moved by the complainant herself seeking for quashment of the criminal proceeding initiated at her behest.
4. Learned Counsel for the Petitioner submits that though the F.I.R. was lodged by the Petitioner as early as on 31.10.2014 but by virtue of the settlement / compromise entered into between them charge sheet has not been filed. Rather the Police Authorities have submitted a closure report before the Judicial Magistrate, First Class, Bilaspur which is pending consideration.
5. Learned Counsel for the Petitoiner submits that since before institution of the complaint case the matter has been resolved he prays for the quashment of the entire proceeding by this Court exercising powers under Section 482 of the Cr.P.C.
6. Learned State Counsel at this juncture submits that since the complainant herself is present before the Court and makes statement that she does not intend to pursue the criminal case any further, the State have no objection if the entire criminal proceeding in the light of the compromise is closed at this juncture.
7. In view of the statement made by the Petitioner and Respondents No. 1 and 2 present in person before this Court also taking into consideration the observation made by the Supreme Court in case of B. S. Joshi & others v. State of Haryana & Another [2003 (4) SCC 675] and Narinder Singh & Others v. State of Punjab & Another [2014 (6) SCC 466] this Court is of the opinion that no fruitful purpose would be served if the Respondents are prosecuted any further.
8. In the light of the above, the present Petition deserves to be and is allowed.
9. Accordingly, Respondents No. 1 to 4 are acquitted from the charges leveled against them under Section 498A, 34 IPC and FIR of Crime No. 254/2014 registered at City Kotwali, Bilaspur stands quashed. Sd/- (P. Sam Koshy) JUDGE kishore