Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:21134-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1581 of 2025 1 - Akash Kochar S/o Shri Rajmal Kochar Aged About 34 Years R/o C/10, Kochar Bhawan, Rishab Colony, Navkar Bhawan, District - Durg (C.G.) 2 - Dr. Vinay Kochar S/o Shri Rajmal Kochar Aged About 36 Years R/o C/10, Kochar Bhawan, Rishab Colony, Navkar Bhawan, District - Durg (C.G.) 3 - Rajmal Kochar S/o Late Shri Lalchandji Kochar Aged About 68 Years R/o C/10, Kochar Bhawan, Rishab Colony, Navkar Bhawan, District - Durg (C.G.) 4 - Smt. Saroj Kochar W/o Shri Rajmal Kochar Aged About 65 Years R/o C/10, Kochar Bhawan, Rishab Colony, Navkar Bhawan, District - Durg (C.G.) 5 - Smt. Bhavna Kochar W/o Dr. Vinay Kochar Aged About 33 Years R/o C/10, Kochar Bhawan, Rishab Colony, Navkar Bhawan, District - Durg (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Mahila Thana, District - Raipur (C.G.) 2 - Smt. Palak Kochar W/o Akash Kochar Aged About 33 Years R/o Sector-2, C-11, Awanti Vihar Raipur, Khamhardih, District - Raipur (C.G.), (Complainant)
... Respondent(s) MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.05.09 10:33:52 +0530
2 For Petitioner(s) : Mr. Navin Shukla, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Arvind Kumar Verma
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
08.05.2025
1. Heard Mr. Navin Shukla, learned counsel for the petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for respondent No.1/State.
2. The present petition has been filed by the petitioners with the following prayer:
“1. To kindly quash of the FIR bearing Crime No. 47/2023 dated 17.03.2023 registered at Police Station Mahila Thana Raipur, District Raipur (C.G.) for the offences punishable U/s 498-A, 377, 34 of IPC.
2. To kindly further quash the Final Report (Charge Sheet) No. 109/2023 dated 25.11.2023 for the offence punishable U/s 498-A, 377, 34, 354 of IPC. presented by Police Station Mahila Thana Raipur, District Raipur (C.G.) before learned Judicial Magistrate First Class Raipur, District Raipur (C.G.).
3. To kindly quash the entire criminal proceedings arising out of Criminal Case No. 22628/2023 between
"State of Chhattisgarh Vs. Akash Kochar & others"
3 pending before the Court of learned Judicial Magistrate First Class Raipur, District - Raipur (C.G.).
4. And to kindly grant any other relief to the petitioners as this Hon'ble Court may deem fit and proper in facts and circumstances of the case, may also be granted to the petitioners.”
3.
Learned counsel for the petitioners submits that the matter has been compromised outside the Court between the petitioner and the respondent No. 2/ complainant and the compromise deed dated 24.04.2025 is annexed as Annexure P/5 in the present petition.
4.
Learned counsel for the petitioners further submits that on the basis of the compromise deed, an application under Section 320 of the Cr.P.C. was moved before the learned trial Court, but the same has been rejected vide order dated 11.09.2024 on the ground that offence under Section 498A is not compoundable, but it is stated that the parties have already entered into a compromise and the complainant has also agreed to withdraw the criminal case pending against the petitioners as well as the Section 125 of the Cr.P.C. before the Family Court, Raipur.
5. 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.
6. From perusal of the compromise deed dated 24.04.2025, it appears that the petitioners and respondents No. 2/complainant have already settled their dispute and compromised the matter outside the Court.
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7. 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 and since the certified copy of the compromise deed has been annexed with the present petition, this Court does not intend to issue notice to respondent No.2/complainant.
8. In that view of the matter, the criminal proceedings in Criminal Case No. 22628/2023 arising out of Final Report No.109/2023 dated 25.11.2023 in pursuance to the FIR bearing Crime No. 47/2023 dated 17.03.2023 registered at Police Station Mahila Thana, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 498-A, 377, 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 24.04.2025 (Annexure A/5) arrived at between the parties.
9. Accordingly, the present petition is allowed to the extent indicated herein-above. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha)
Judge Chief Justice
Manpreet