Smt. Shashi Chauhan v. Manoj Kumar Chuhan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2200 of 2018 • Smt. Shashi Chauhan, W/o Manoj Chauhan, Aged About 47 Years, R/o Shikshak Colony, Bhanupratappur, Police Station And Tehsil Bhanupratappur, District South Bastar Kanker Chhattisgarh., Chhattisgarh ---- Petitioner

Versus

1. Manoj Kumar Chuhan, S/o Shri Balram Chauhan, Aged About 49 Years R/o House No.8/A, Street Avenue A, Sector -1 Bhilai Nagar, Police Station Bhilai Bhatti, Tehsil And District Durg Chhattisgarh.,

2. Balram @ Balaram Chauhan S/o Bholar Ram Chauhan Aged About 75 Years R/o House No.8/A, Street Avenue A, Sector -1 Bhilai Nagar, Police Station Bhilai Bhatti, Tehsil And District Durg Chhattisgarh.,

3. Smt. Laxmi Chauhan S/o Balram Chauhan Aged About 72 Years R/o House No.8/A, Street Avenue A, Sector -1 Bhilai Nagar, Police Station Bhilai Bhatti, Tehsil And District Durg Chhattisgarh.,

4. Smt. Kavita Thakur W/o Vipin Nand Thakur Aged About 40 Years R/o Super D, Quarter No. 137, C,S.E.B. Colony, korba District Korba Chhattisgarh.,

5. State Of Chhattisgarh Through S.H.O. Police Station Bhilai Bhatti, District Durg, Chhattisgarh., ---- Respondents Shri B.P.Singh, Advocate appears along with Petitioner Smt. Shashi Chouhan Ms. Saroj Singh, Advocate appears along with respondents No.1, 2 & 4 - Manoj Kumar Chuhan, Balram Chauhan and Smt. Kavita Thakkar. For Respondent No.5/State :

Shri Arvind Dubey, P.L.

Hon'ble Shri Justice Sanjay Agrawal Order On Board 12.12.2018 1.

This petition preferred under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) is directed against the order dated 18.09.2018 passed by the learned Judicial Magistrate First Class,

Durg whereby the Court below has rejected the application filed under Section 320 (1) of the Cr.P.C. seeking quashment of Criminal Case No. 27431/2012 registered in relation to offence punishable under Section 498A and 34 IPC. 2.

At the outset, both the parties, except respondent No.3, are present before this Court and on a query being asked, both the parties have stated that the dispute exists between them has already been settled amicably. Complainant Smt. Shashi Chauhan, on being asked by this Court, has stated very specifically that she has already compromised the matter with the respondents and does not want to pursue the said matter. 3.

In view of the amicable settlement being arrived at between the parties amicably, it would be just and proper to quash the entire criminal proceedings registered as Criminal Case 27431/12 pending before the learned JMFC, Durg in relation to the offence punishable under Sections 498A and 34 IPC as no purpose would be served to keep the said criminal proceedings pending. 4.

Accordingly, the petition is allowed and the order dated18.09.2018 passed by the learned Judicial Magistrate First Class, Durg is hereby set aside and it is directed that the entire criminal proceedings registered as Criminal Case 27431/12 pending before the learned JMFC, Durg in relation to the offence punishable under Sections 498A and 34 IPC are hereby quashed. No order as to costs.

Sd/- (Sanjay Agrawal) Judge Anjani