Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:32518
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 744 of 2023 1 - Vikas Devgon S/o Late Satpal Devgon Aged About 44 Years R/o 5 A, New Sai Vihar, New Officers Colony, Patiala, Police Station Kotwali, Patiala (Punjab). 2 - Smt. Swaraj Devgon W/o Late Satpal Devgon Aged About 75 Years R/o 5 A, New Sai Vihar, New Officers Colony, Patiala, Police Station Kotwali, Patiala (Punjab). 3 - Neetu Devgon W/o Beerkaran Sharma Aged About 47 Years R/o 5 A, New Sai Vihar, New Officers Colony, Patiala, Police Station Kotwali, Patiala (Punjab). 4 - Reetu Kalia W/o Lalit Kalia Aged About 49 Years R/o E D 278, Dhan Mohalla, Jalandhar (Punjab). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Mahila
Thana
Bhilai,
District
:
Durg,
Chhattisgarh 2 - Smt. Pooja Sharma Devgon W/o Vikas Devgon Aged About 34 Years SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.07.14 17:48:54 +0530
2 R/o Ward No. 18, Padum Nagar, Behind Stone Galary, Bhilai-3, District : Durg, Chhattisgarh
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) :Shri Avinash Chand Sahu, Advocate. For Respondent/State :Shri Sakib Ahmed, Panel Lawyer. For Respondent No. 2 :Shri Virendra Verma, Advocate. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble Shri Bibhu Datta Guru,
Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
14.07.2025
1. The present Cr.M.P. has been filed with the following prayer:-
“ It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow this application and stay the further proceeding of F.I.R. No. 118/2021 registered by the Police Station Mahila Thana, Bhilai, District Durg (C.G.) for the offence under Section 498-A/34 of I.P.C. during the pendency of the petition, in the interest of justice”
2. At the very outset learned counsel for the petitioner submit that the matter has been amicably settled between the parties. The compromise deed is on record. 3. Learned counsel for the respondent No. 2 has admitted the fact of compromise and he has no objection. 4. For the sake of convenience, it would be appropriate to reproduce the
3 contents of compromise deed dated 01.12.2022 which reads as under:-
“ 1. That both the parties were married to each other on 17.10.2020 in accordance with Hindu Rites by way of Phera Ceremony at Patiala, Tehsil & Distt. Patiala, Punjab, India. 2.
That the parties co-habited as husband and wife after the solemnization of the marriage and no child was born out of their wedlock. 3. That party no.1 is residing at Samana at the above mentioned address and since from very beginning of marriage the relations of the party No.1 and the party no.2 were not good and they could not adjust with each other and both the parties are living separately since 01.07.2021 and during the said period of separation the party no.1 has filed the petition u/s 9 of HMA against the party no.2 which is pending before the Additional Principal Judge, Family Court, Patiala, Camp court at Samana. 4. The party no.2 has also filed the petition u/s 125 Cr.P.C. against the party no.1 which is pending before the Principal Judge, Family Court, Durg (Chhattisgarh) and the party no.2 has also filed a petition Under Protection of Women from Domestic Violence Act against the party no.1 as well as his mother namely Sawraj Devgon and his sisters namely Neetu Devgon and Ritu Kalia which is pending in the court of Civil Judge Class-I/JMFC Bhilai (Chhattisgarh) and the party no.2 has also got registered a FIR No.118/2021 u/s 498- A and 34 IPC PS: Women Cell, Durg, Bhilai (Chhattisgarh) against the party no.1 as well as his mother namely Sawraj Devgon and his sisters namely Neetu Devgon and Ritu Kalia. 5.
5. That now the parties have decided to dissolve their marriage by filing the petition u/s 13-B of Hindu Marriage Act by mutual consent and it has been settled between the parties, the rights of party no.2 in respect of the dowry, Istridhan and maintenance and permanent alimony in lumpsum for the present, past & future period have been fully settled to the tune of Rs.7,00,000/- as permanent alimony and out of it Rs.3,00,000/- will be received by the party no.2 from party no.1 in the court at the time of statement of first motion in the divorce petition before the court of Additional Principal Judge, Family Court, Patiala, Camp court at Samana and the remaining amount of Rs.4,00,000/- will be paid by the party no.1 to the party no.2
4 at the time of final statement of said divorce petition before the court and then nothing will be left due against the party no.1 of any kind. The party no.2 has been left with no claim of any kind against the party no.1 or his property or against any of the relatives and above said family members of the party no.1 except mentioned above said settled and compromised amount of Rs.7,00,000/- and she herself will not claim any maintenance from the party no.1 and his family members in future. It is mutually settled between the parties that they will not file any litigation against each other in future and both the parties will be bound to withdraw all above said litigations and applications with regard to this marriage pending against each other by making their statement of compromise before the respective Hon'ble Courts. The party no.2 also undertakes to withdraw the above said petition u/s 125 Cr.P.C., petition Under Domestic Violence Act. Party No.1 will file quashing of above said FIR pending against him and his family members and party no.2 will bound to quash the FIR by making a statement of compromise in the Hon'ble Court before the final statement of parties in the said divorce petition. Party No.1 will also withdraw a petition u/s 9 of HMA filed by him at Family Court, Samana. Sister of party no.1 namely Neetu Devgon will also withdraw civil suit filed by her at Patiala court against party no.2 and her family.
On failure to withdraw the above said litigations and to failure to give statement of compromise in quashing petition of said FIR lodged against the party no.1 and his family members by the party no.2, the party no.2 will be bound to return the above said amount of Rs. 3,00,000/- and party no. 2 will also be liable to pay damages to the tune of Rs. 7,00,000/- to the party no. 1 and on said failure to withdraw the litigations, the party no.2 will have no right to claim any alimony as well as above said settled amount from the party no.1 and the party no.1 would have every right to take action against the party no.2. On failure of party no.1 to give his final statement in the divorce petition, the party no.2 will forfeit the said amount of Rs.3,00,000/- and party no.1 will have no right to claim this amount from party no.2
5. 5. That the said compromise has been arrived between the parties with the intervention of the respectables persons of the society without any apprehension and pressure and same has been executed with their own free will and without any coercion. As such the above said compromise has been executed between the parties and contents of the same has been read over and explained to the parties in the presence of witnesses and after admitted it as true and correct put their
5 respective hands on the same, so it will be use in future. Dated 07.09.2022”
5. It is evident from the record that the compromise arrived at between the parties and the counsel for the private respondent No.2 is also present and admitted that above fact regarding the compromise. 6. In view of the above submission made by the counsel and looking to the compromise deed, this CRMP is allowed subject to fulfillment of terms and condition of the compromise deed dated 01.12.2022 and accordingly FIR No. 118/2021 dated 30.11.2021 registered at Police Station Mahila Thana, Bhilai District Durg (C.G.) for the offence U/s 498-A/34 of IPC against the petitioners is here by quashed.
Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Shoaib/Amardeep