Rajesh Kumar Dixit v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1087 of 2018

1. Rajesh Kumar Dixit, S/o Late Vishnu Prasad Dixit, Aged About 45 Years, R/o Girdhari Nagar, Near Shankar Temple, Durg District Durg Chhattisgarh,

2. Poonam Dixit, W/o Shri Ashwini Kumar Dixit, Aged About 40 Years, R/o Girdhari Nagar, Near Shankar Temple, Durg District Durg Chhattisgarh, ---- Petitioners

Versus

1. State Of Chhattisgarh Through S H O Mahila Thana Durg, District Durg Chhattisgarh,

2. Smt. Swati Dixit, W/o Rajesh Dixit ,Aged About 38 Years, R/o Vikash Vihar Colony, Rudra Chowk, Mahadev Ghat Road, Raipur District Raipur Chhattisgarh, ---- Respondents For Petitioners :

Ms. Aditi Singhvi, Advocate.

For Respondent No.1/State:

Shri Arvind Dubey, P.L.

For Respondent No.2 :

Shri Ishan Verma, Advocate Hon'ble Shri Justice Sanjay Agrawal Order On Board 03.01.2019 1.

This petition has been preferred under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) praying for quashment/compounding of offences punishable under Sections 498-A read with Section 34 of IPC and also under Section 4 of the Dowry Prohibition Act. 2.

Perusal of the record would show that marriage was performed between petitioner No.1 and respondent No.2 on 23.06.2003 according to Hindu Rites and Customs. Record further reveals that vide order dated 24.09.2009 a decree of divorce was passed by the Principal Judge, Family Court, Raipur in Case No.

99-A/2009 on the basis of the application filed by respondent No.2 under Section 13 of the Hindu Marriage Act, 1955.

3.

During pendency of this petition, both the spouses were present before the Additional Registrar (Judicial) where their statements were recorded. According to their statements, it is evident that both the spouses have amicably settled their dispute.

4.

In view of the amicable settlement being arrived at between the spouses, it would be just and proper to drop the entire criminal proceedings initiated on the basis of the complaint lodged by respondent No.2 before the J.M.F.C. Durg. 5.

Accordingly, the petition is allowed and the criminal proceedings registered as Criminal Case No.797/2010 under Sections 498-A read with Section 34 of IPC and Section 4 of the Dowry Prohibition Act pending before the J.M.F.C. Durg are hereby quashed. No order as to costs. Sd/- (Sanjay Agrawal) Judge Anjani