Smt. Vimla Devi And ORS. v. State Of Chhattisgarh And ORS.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 775 of 2016
1. Smt. Vimla Devi, Wd/o Ashok Kumar Agrahari, Aged About 66 Years R/o House No. 1265/535 C, (Wrongly Mentioned In Impugned Order As 535) Nehru Nagar, Meerapur, P.S. Atarsuiya, Allahabad, Uttar Pradesh.
2. Vikas Agrahari S/o Late Ashok Kumar Agrahari Aged About 37 Years R/o House No. 1265/535 C, (Wrongly Mentioned In Impugned Order As 535) Nehru Nagar, Meerapur, P.S. Atarsuiya, Allahabad, Uttar Pradesh.
3. Vishal Agrahari @ Monu S/o Late Ashok Kumar Agrahari Aged About 34 Years R/o House No. 1265/535 C, (Wrongly Mentioned In Impugned Order As 535) Nehru Nagar, Meerapur, P.S. Atarsuiya, Allahabad, Uttar Pradesh.
---- Petitioners
Versus
1. State Of Chhattisgarh & Ors. Through Station House Officer, P.S. Baikunthpur, District Koriya, Chhattisgarh.
2. Smt. Archana Gupta W/o Vikas Agrahari Aged About 42 Years D/o Late Vishnudatt Gupta, Aged About 42 Years R/o Main Road Baikunthpur, District Koriya, Chhattisgarh.
------Respondents For Petitioners:
Shri Ashish Surana, Advocate.
For Respondent No.1/State:
Shri Satish Gupta, Govt. Advocate.
Single Bench:
Hon'ble Shri P. Sam Koshy, J Order On Board 8.8.2016 1.
Both the parties are present today. Respondent No.2/Complainant entering appearance along with her Counsel Shri Shakti Raj Sinha submits that she has now settled all the disputes that she had with her husband and that they both are now happily staying together and therefore, she does not want to pursue the criminal case that she had registered against her husband any further and had filed an affidavit also in this regard before the Trial Court.
It is submitted that because of the interim order passed in the Transfer Petition pending before the High Court, the Court below refused to pass an order on the said compromise and prays for permission of the Court to compound the offence under Section 498-A/34 registered in Crime No.302/2009.
2.
Taking into consideration the facts and circumstances of the case, particularly in the light of the statement made by the Complainant before the Court today and also keeping in mind the principle laid down by the Supreme Court in the matter of B.S. Joshi and others reported in (2003) 4 Supreme Court Cases 675, I am of the opinion that it is a fit case where the petition deserves to be allowed.
3.
In view the categorical statement made by the parties present today before this Court, this Court is of the opinion that once when the Complainant and the accused have settled their matter and buried the dispute and differences, it would be an important consideration for the High Court while exercising the powers under Section 482 Cr.P.C to compound the offence. The opinion of this Court stands fortified from the judgment of the Supreme Court in the case of Gian Singh vs. State of Punjab & Another [2012 (10) SCC 303] and also in the case of Narinder Singh & Others vs. State of Punjab & Another [2014 (6) SCC 466].
4.
Another aspect which has to be borne in mind is that the parties to the dispute having entered into a settlement and compromised the matter, there is a minimal chance of the complainant coming forward in support of the prosecution case and the chances of conviction therefore appear to be very remote and it would not be justified to drag these proceedings unnecessarily
knowing fully well the final outcome.
5.
Accordingly, the offence registered against the Petitioners under Section 498-A IPC at P.S. Baikunthpur, Distt. Koriya stands quashed and pursuant to that, the criminal case registered against the petitioner in Crime No.302/2009 pending before the JMFC, Baikunthpur, District Koriya i.e. Criminal Case No.465/2014 for the offence punishable under Section 498A/34 IPC also stands quashed. The Petitioner accused accordingly stand discharged from the offence under Section 498-A/34 IPC. 6.
In view of the above, the instant Cr.M.P stands allowed and disposed of.
Sd/- (P. Sam Koshy) JUDGE Priya