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High Court Of ChhattisgarhCRMP/2413/2018allowed

Siddharth Pal Kurrey v. State Of Chhattisgarh

2018-12-12Hon'Ble Shri Justice Sanjay Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1488 of 2017

1. Shyam Lal Kurrey Aged About 61 Years R/o Katai Nagar, Banki Mogra Jhopdi, Police Station Banki Mogra, Tehsil Katghora, District Korba Chhattisgarh. ..........Father In Law Of Complainant.

2. Sheela Devi Kurrey Aged About 56 Years R/o Katai Nagar, Banki Mogra Jhopdi, Police Station Banki Mogra, Tehsil Ktghora, District Korba Chhattisgarh. ........Mother In Law Of Complainant. ---- Petitioners

Versus

1. State Of Chhattisgarh Through Station House Officer Police Station Banki Mogra, Korba Chhattisgarh., Chhattisgarh

2. Smt. Rina Kurrey D/o Ramshankar Bharadwaj (W/o Siddarth Pal Kurrey before divorce) Aged About 25 Years W/o Siddharth Pal Kurrey Before Divorce R/o Saraipali Faraswani, Tehsil Kartala District Korba Chhattisgarh.................Complainant. ---- Respondents And CRMP No. 2413 of 2018 Siddharth Pal Kurrey S/o Shri Shyamlal Kurrey Aged About 36 Years R/o House No. M-36 Katainar Banki Mongra ,police Station Banki Mongra ,tahsil Katghora District Korba Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Station House Officer, Police Station Banki Mongra ,district Korba Chhattisgarh.

2. Reena Kurrey W/o Siddharth Pal Kurrey Aged About 25 Years R/o Village Saraipali Faraswani Tahsil Kartala, District Korba Chhattisgarh.

---- Respondents Petitioners are present along with Shri Mayank Kumar, Advocate in both cases.

For Respondent No. 1:

Shri Arvind Dubey, Panel Lawyer.

Respondent No. 2/complainant is present along with Shri Ajay Kumrani in both cases.

Single Bench:Hon'ble Shri Sanjay Agrawal, J Order On Board

12.12.2018 1.

Since these petitions arise out of same Crime No.77/2017, they are being disposed of by this common order.

2.

These Petitions have been filed under Section 482 of Code of Criminal Procedure, 1973(hereinafter referred to as 'Cr.P.C.') against the registration of FIR and also for quashment of Criminal Case No.348/17 pending before the Judicial Magistrate First Class, Katghora, District Korba in relation to the offence punishable under Section 498-A read with Section 34 of IPC.

3.

During the pendency of the said proceeding, the parties have arrived at a compromise and a deed of compromise has been executed on 02.08.2018. The statements of the parties are also recorded as per the direction of this Court and a bare perusal of the statement of the complainant Smt. Reena Kurrey would show that without any pressure she has compromised with the Petitioners and does not want to pursue this proceeding.

4.

In view of the aforesaid facts and circumstances and that by considering further the terms and conditions stipulated in the said deed of compromise, it would be just and proper to drop the said proceeding. Consequently, the Petition is allowed and the Criminal Case No.348/17 pending before the Judicial Magistrate First Class, Katghora District Korbra against the Petitioners in relation to the offence punishable under Section 498-A read with Section 34 of IPC is hereby quashed. 5.

A copy of this order be placed on record of CRMP No.2413 of 2018. Sd/- (Sanjay Agrawal) JUDGE Nikita