1 2025:CGHC:16385-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1188 of 2025 1. Surjit Singh Saluja S/o Late Bhagsingh Saluja Aged About 67 Years R/o 197, Ward No. 08, Takiyapara, Durg, District Durg Chhattisgarh. 2. Smt. Harmindar Kaur Saluja W/o Surjit Singh Saluja Aged About 63 Years R/o 197, Ward No. 08, Takiyapara, Durg, District Durg Chhattisgarh. 3. Simarprit Singh Saluja S/o Surjit Singh Saluja Aged About 25 Years R/o 197, Ward No. 08, Takiyapara, Durg, District Durg Chhattisgarh. 4. Rajindar Kaur Chhabra @ Babli W/o Late Jasbir Singh Chhabra Aged About 61 Years R/o 151/1, Panchsheel Chowk,ward No. 13, Mohannagar, Durg District Durg Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through The Station House OfÏcer, Police Station Bemetara, District Bemetara, Chhattisgarh. 2. Smt. Shreya Kaur Saluja W/o Simarprit Singh Saluja Aged About 25 Years R/o House No. 193, Guru Govind Singh Ward, Ward No. 07, Bemetra, Tahsil and District Bemetra, Chhattisgarh. ... Respondent(s) For Petitioners : Mr. Chetan Singh Chauhan, Advocate. For Respondent/State : Mr. Swajeet Ubeja, Panel Lawyer. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.04.11 12:14:08 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 08 .04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. Heard Mr. Chetan Singh Chauhan, learned counsel for the petitioner. Also heard Mr. Swajeet Ubeja, learned Panel Lawyer, appearing for respondent No. 1/State. 3. The present petition has been filed by the petitioners with the following prayers: “A. That, this Hon’ble Court may kindly be pleased to call for the entire records of the case pertaining to FIR bearing No. 0399 of 2024 dated 23.07.2024 registered at Police Station, Bemetra, District Bemetra (C.G.) (Annexure P/1) against the petitioners for the offences punishable under Section 498-A, 34 of Indian Penal Code for kind consideration of this Hon’ble Court, and/or; B. That, this Hon’ble Court may kindly be pleased to issue an appropriate order/direction quashing the FIR bearing No. 0399 of 2024 dated 23.07.2024 registered at Police Station, Bemetra, District Bemetra (C.G.) 3 (Annexure P/1) against the petitioners for the offences punishable under Section 498-A, 34 of Indian Penal Code and such consequential proceedings/investigation emanating therefrom if any, and/or; C. Any other relief, which the Hon’ble Court deems fit and proper looking to the facts and circumstances of the case, may also be granted, in favour of the petitioners, in the larger interest of justice.” 4. Brief facts of the case are that, petitioner No. 3 i.e. Simarprit Singh Saluja and respondent No. 2 i.e. Shreya Kaur Saluja were married to each other on 14.10.2022, at Gayatri Palace Durg in accordance with Hindu rites and rituals. After the marriage, both lived together at the house of the petitioners at Ganpati Vihar, Borsi Durg. From their married life, a daughter was born whose name was Amrit Kaur. The couple has been living separately for a year due to ongoing conflicts and lack of coordination after their marriage. Despite efforts from family and community members to reconcile them, their issues remain unresolved, causing stress and affecting their mental well-being. The wife has been staying at her maternal home in Bemetra for the past 12 months. That, such a situation has arisen between the parties that they cannot live together and lead a successful marital life, and there is a difference of attitude between them due to which they are unable to live together and have a marital life despite their desires. 5. Learned counsel for the petitioners submits that from the past one 4 year till date no marital relations has been established between the petitioner No. 3/husband and respondent No. 2/wife and both the spouse have been living separately for the past 12 months. Both the parties are educated people who know what is good and what is bad for them and they want to live separately in their future as well. That both the parties have reached a compromise by mutual consent. He also submits that due to such difference of opinions and incompatibility, the respondent No. 2 out of frustration and naivety, had lodged an FIR against her husband and his family members (the petitioners herein) in the Bemetra Police Station bearing Crime No. 399/2024 dated 23.07.2024 for the offence punishable under Sections 498-A and 34 of IPC. 6. It is further submitted by the learned counsel for the petitioners that as soon as the FIR registered against the petitioners, the petitioners preferred application under Section 482 of the BNSS, 2023 for grant of anticipatory Bail, apprehending their arrest in connection with Crime No.399/2024, registered at Police Station-Bemetara, District: Bemetara (C.G.) for alleged commission of offence punishable under Sections 498- A, 34 of the Indian Penal Code. He would submit that the first bail application of the petitioners No. 1, 2 & 4 was allowed by the learned 1st Additional Sessions Judge, Bemetara, vide order dated 27.07.2024. However, the anticipatory bail of the petitioner No. 3 was rejected. Thereafter, the petitioner No. 3 had preferred an application under section Section 482 of the BNSS, 2023 for grant of anticipatory Bail before this Court i.e. MCRCA No. 873 of 2024, which was allowed by the coordinate Bench of this Court vide order dated 06.08.2024. 7. Learned counsel for the petitioners states that as a result of the 5 conciliatory efforts made by the families of both the sides, things started resolving and rationality prevailed. The said conciliatory efforts resulted into compromise between the petitioner No. 3/husband and respondent No. 2 and thereby, the respondent No. 2 withdrew her case filed under Section 144 of the BNSS through the Lok Adalat and the petitioner No.3/husband also withdrew his application for grant of divorce under Section 13(1) of the Hindu Marriage Act. Subsequently, however, a compromise has been arrived in between the petitioner No. 3/husband and respondent No. 2 and the respondent No. 2 had come to her senses and agreed for withdrawing all the frivolous charges and cases lodged against her husband and his family members. Consequently, agreement dated 07.03.2025 & 25.03.2025 has been executed between both the parties transforming the said arrangement into reality and had agreed to amicably end their disputes without levelling any frivolous charges against each other in any forum and also applying for divorce with mutual consent under Section 13B of the Hindu Marriage Act, 1955 before the Family Court, Bemetra, District Bemetra on the basis of the terms and conditions enshrined in the agreement, which has been registered as 28A/2025. Further, as per the terms of the agreement the respondent No. 2 shall withdraw all the frivolous cases lodged against the petitioners and will apply for mutual divorce along with the petitioner No. 3/husband, whereas the petitioner No. 3/husband has agreed to pay to the respondent No. 2/wife a lump sum amount of Rs. 21,00,000/- (Twenty-one Lakhs) in total. Copy of the agreement dated 07.03.2025 & 25.03.2025 have been collectively filed here as Annexure P/5 (Colly.) and the original agreement deed has been produced by the learned counsel for the 6 petitioners before this Court and the same is taken on record. 8. It is further contended by the learned counsel for the petitioners that, consequently, on 24.03.2025, respondent No. 2/wife also withdrew the case filed against the petitioners under the provisions of the Domestic Violence Act. He also contended that the complainant/respondent No. 2 and petitioner No. 3 had resolved all their disputes amicably and have arrived at a compromise and have decided to mutually end their marriage and living their life independent of each other. It is stated that the part payment i.e. Rs. 10,50,000/- has also been made by the petitioner No. 3/husband to the respondent No. 2 and rest of the amount i.e. Rs. 10,50,000/- would be paid after the quashing of the present FIR. Therefore, in view of the above, the petitioners pray that the FIR No. 399/2024 dated 23.07.2024 registered at Police Station, Bemetra, District-Bemetra (C.G.) against the petitioners for the offences punishable under Section 498-A, 34 of the IPC, be quashed. 9. On the other hand, learned State counsel does not controvert the above submission made by the learned counsel for the petitioners. 10. We have heard learned counsel for the parties and perused the prayers and pleadings made in the petition along with the annexures annexed in this petition. 11. Since, the compromise has taken place between the parties, therefore, we deem it proper not to issue notice to the respondent No. 2. 12. From perusal of the compromise deed dated 07.03.2025 & 25.03.2025, it appears that the petitioner No. 3 and respondent No. 2 are husband and wife and they have already settled their dispute and 7 compromised the matter outside the Court. 13. Taking into consideration that the dispute between the parties has been amicably settled by the parties by way of compromise deed, this Court is of the view that no useful purpose would be served in proceeding any further against the petitioners in this matter. 14. In that view of the matter, the impugned FIR bearing Crime No. 399 of 2024 dated 23.07.2024 registered at Police Station – Bemetra, District Bemetra (C.G.) for the offences punishable under Sections 498-A and 34 of the IPC against the petitioners is hereby quashed subject to the condition that the petitioners shall comply with the terms and conditions of the compromise deed dated 07.03.2025 & 25.03.2025 Annexure P/5 (Colly.) arrived at between the parties. 15. Accordingly, the present petition is allowed to the extent indicated hereinabove. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Brijmohan