Smt. Kshama Anedath v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.36 of 2018

1. Smt. Kshama Anedath, W/o Shri Rajesh Anedath, aged about 38 years, Occupation -Teacher, Veer Bhagat Singh School, Marveroad, Malad - West, Mumbai (Maharashtra) Pin 400095

2. Ragesh Anedath, S/o Shri M. Anedath, aged about 39 years, Both R/o. 203, Om Kripa, Office at Marve Road, Near Fire Brigade, Lower Kharodi, Mallad West, Mumbai (MH) 400095

3. Satishchand Sharma, S/o Gangasahai Sharma, aged about 64 years, R/o B1105/06, Phase- 3 Bhumi Park, Jankalyan Nagar, Malwani No.1, Malad West, Mumbai (Maharashtra)

4. Smt. Veena Sharma, W/o Satishchand Sharma, aged about 62 years, R/o B1105/06, Phase - 3 Bhumi Park, Jankalyan Nagar, Malwani No.1 Malad West, Mumbai (Maharashtra).

---- Petitioners

Versus

1. State of Chhattisgarh Through District Magistrate, Bilaspur (CG)

2. Aastha Sharma, W/o Deepak Sharma, aged about 29 years, D/o Shri Arvind Dixit, R/o Mitra Vihar Colony, Link Road, Police Station - Tarbahar, Bilaspur (CG) ---- Respondents For Petitioners : Ms. Smita Jha, Advocate with Ms. Shahla Khokhar, Advocate For Respondent/State: Shri R.K. Bhagat, Dy. GA for the State. For Respondent No.2 : Shri Prakash Tiwari, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 09/1/2019

1. Heard.

2. The present petition has been filed against the initiation and continuation of the

criminal proceedings against the petitioners under Section 12 of the Protection of Women from Domestic Violence Act lodged by respondent No.2.

3. It is contended that amicable settlement has been arrived at in between the parties. The record shows that it is a matrimonial dispute arose in between the parties.

4. Shri Prakash Tiwari, learned counsel for the complainant would submit that the case under the domestic violence act, which is pending before the Court below is listed on 16.01.2019 that shall be withdrawn. The settlement is already on record, therefore, with the undertaking that the proceedings under the domestic violence act, which has commenced at the behest of the complainant/respondent No.2 shall be withdrawn on 16.01.2019, therefore, the present petition which is predominantly to quash the proceedings of the MJC No.75/2017, which arose out the domestic violence act shall become infructuous in due course of the undertaking given.

5. In view of the above submission made, the present petition is dismissed on the basis of the undertaking given by the respondent. It is further made clear that the settlement terms have been placed before this Court, the same shall be the part of this order so that both the parties shall abide by the terms of settlement in future.

Sd/- Goutam Bhaduri Judge Ashu