Vedpati Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2137 of 2018

1. Vedpati Patel S/o Late Kheersai Patel Aged About 43 Years R/o VillageChhote Bilaigarh, Police Station- Saria, District- Raigarh, Chhattisgarh.,

2. Dileshwari Patel W/o Shri Vedpati Patel Aged About 41 Years R/o VillageChhote Bilaigarh, Police Station- Saria, District- Raigarh, Chhattisgarh.,

3. Sunil Patel S/o Shri Vedpati Patel Aged About 20 Years R/o VillageChhote Bilaigarh, Police Station- Saria, District- Raigarh, Chhattisgarh., ---- Petitioners

Versus

1. State Of Chhattisgarh Through Station House Officer, Police StationSaria, District- Raigarh, Chhattisgarh.,

2. Smt. Pushpa Patel W/o Shri Sunil Patel Aged About 20 Years Occupation- Housewife, R/o Chandmari, Raigarh, Police Station- City Kotwali, Tahsil And District- Raigarh, Chhattisgarh., ---- Respondents Petitioners appeared in person along with their counsel Shri Abhishek Saraf, Advocate.

For Respondent No.1/State :

Shri Raj Kumar Gupta, Dy. A.G.

Respondent No.2 Smt. Pushpa Patel appears along with her counsel Shri Akhtar Hussain, Advocate.

Hon'ble Shri Justice Sanjay Agrawal Order On Board 27.11.2018 1.

By way of this petition preferred under Section 482 of the Code of Criminal Procedure, 1973, the petitioners are praying for quashment of the Criminal Case No.907/2009 pending before the Judicial Magistrate First Class, Sarangarh, District Raigarh.

2.

During pendency of this petition, parties have settled their dispute by arriving at a compromise amicably to the effect that respondent No.2 Smt. Pushpa Patel, who is present in Court, does not want to pursue the said Criminal Case

registered on the basis of her complaint.

3.

Respondent No.2 Smt. Pushpa Patel was examined before the concerned trial Court on 12.09.2018 and has stated very specifically that she has already arrived at an amicable settlement with the petitioners and does not want to pursue this matter. On being enquired, she has reiterated the same thing by saying that she does not want to pursue this matter on account of amicable settlement being arrived at by her with the petitioners. 4.

In view of the facts and circumstances of the case and that by considering the statement made by respondent No.2 Smt. Pushpa Patel at bar, it would be just and appropriate for this Court to drop the criminal proceedings in Criminal Case No. 907/2009 initiated on the basis of her complaint against the petitioners, which is pending before the Court of J.M.F.C. Sarangarh, Dist. Raigarh. 5.

In view of above, the petition is accordingly allowed and the said Criminal Case No. 907/2009 pending before the Court of J.M.F.C. Saragarh, Dist. Raigarh is hereby quashed. No order as to costs.

Sd/- (Sanjay Agrawal) Judge Anjani