1 CRA No.1627/2019 2025:CGHC:32996 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1627 of 2019 1 - Roshan Lal Paikra @ Golu S/o Late Bharatlal Paikra Aged About 30 Years R/o Village - Madhi, Police Station Dharsiva, District Raipur Chhattisgarh.....(In Jail), District : Raipur, Chhattisgarh 2 - Smt. Shailendri @ Madhuri Paikra W/o Late Bharatlal Paikra Aged About 51 Years R/o Village - Madhi, Police Station Dharsiva, District Raipur Chhattisgarh.....(In Jail), District : Raipur, Chhattisgarh 3 - Kumari Poonam @ Moni Paikra D/o Bharatlal Paikra Aged About 28 Years R/o Village - Madhi, Police Station Dharsiva, District Raipur Chhattisgarh.....(In Jail), District : Raipur, Chhattisgarh ... Appellants versus State Of Chhattisgarh Through Station House Officer Police Station Dharsiva District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent ---------------------------------------------------------------------------------------- For Appellant : Ms. Fouzia Mirza, Senior Advocate assisted by Mr. Naveen Shukla, Advocate. For Respondent-State : Mr. U.K.S. Chandel, Dy.A.G. For complainant : Mr. Sachin Nidhi, Advocate ----------------------------------------------------------------------------------------- Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board 15.07.2025 This criminal appeal filed by the appellants-accused under Section 374(2) of Cr.P.C. is directed against the impugned judgment of AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.07.17 11:56:59 +0530 2 CRA No.1627/2019 conviction and order of sentence dated 04/11/2019, passed by the learned 8th Additional Sessions Judge, Raipur (C.G.) in Sessions Case No. 119/2018, whereby the appellants-accused have been convicted and sentenced as under:- Conviction Sentence Under Section 498 A of the IPC R.I. for 1 year and to pay a fine of Rs.1000/-, in default, R.I. for 1 month each. 1. Facts of the case, in brief, is that a complaint was lodged by the complainant namely; Poonam @ Purvi Paikra against the appellants, who are the husband, mother-in-law and sister-in-law of the complainant stating, inter alia, therein that the marriage of the complainant was solemnized on 16.06.2014 with the appellant No.1 as per Hindu customs and rituals, but after two months of marriage, the appellant No.2 took the jewelry from the complainant which was gifted to her at the time of marriage and also demanded Car. It is alleged that the appellants harassed her in the form of demand of dowry. On 04.04.2016, complainant/wife gave birth to a son at her parental home, but none of the appellants came to see the child. Father of the complainant called a society meeting, as a result of which, the appellants took the complainant and her child along with them. Again, the complainant was harassed by the appellants as to why she has taken the issue in the society. Then, complainant went to the house of mukhya of the society in order to complain about the 3 CRA No.1627/2019 appellants and the same was informed to the father of the complainant. Thereafter, the matter was reported to the Police and the police advised to live separately from the parents of her husband. On 16.06.2016, the appellants took the complainant along with the child, but again the appellants started harassing the complainant physically and mentally. Thereafter, the complainant lodged a complaint at Mahila Thana ,Raipur, as a zero number FIR and later, it was transferred to P.S. Dharsiva, where numbered FIR was lodged against the present appellants. After due investigation, the appellants were arrested and charge sheet was field against the appellants. 2. The prosecution in order to prove its case examined as many as 15. Statement of the appellants under Section 313 of the Cr.P.C. was recorded, wherein they have pleaded their innocence and false implication in the matter. 3. The learned trial Court after appreciating the oral and documentary evidence available on record proceeded to convict the appellants herein for the aforementioned offence and sentenced them as mentioned herein-above against which this appeal has been preferred by the appellants-accused herein questioning the impugned judgment of conviction and order of sentence. 4 CRA No.1627/2019 4. At the very outset, learned counsel for the appellants would submit that the appellants and complainant have entered into a compromise and they have filed their respective affidavits by way of filing an application under Section 359(5) of B.N.S.S., 2023 (I.A. No.2/2025) and application under Section 359(1) of B.N.S.S., 2023 (I.A. No.3/2025) 5. Learned counsel appearing for the complainant would not dispute the aforesaid submission made by the learned counsel for the appellants. He would also submit that the complainant has no objection if the appellants are acquitted from the charge levelled against them, as compromise already took place between both the parties. 6. I have heard learned counsel for the parties and perused the applications i.e. I.A. Nos.2/2025 and 3/2025. 7. The contents and terms of the compromise are reproduced hereinbelow:- I.A. No.2/2025 filed by the complainant/wife:- 1. That by way of the present criminal appeal, against dated the judgment of conviction and sentence 04.11.2019 passed by the learned 8th Additional Session Judge Raipur, District Raipur (C.G.) in Session Case No. 119/2018 whereby the appellants/accused have been convicted and sentenced U/s 498-A of IPC R.I. for One Year. 5 CRA No.1627/2019 2. That, during the pendency of the instant appeal before this Hon'ble Court the appellants and complainant has stated that they amicably wants to settle the dispute by way of compromise agreement and complainant has further stated that she does not want to proceed further in the instant appeal as parties are husband, wife and in-laws and they have mutually settled their dispute and the appellant no. 1 has pay a permanent alimony of Rs. 20 Lacs through Cheque bearing no. 009091 of Zila Sahakari Kendriya Bank Maryadit Raipur branch Village Silyari Kurud on 12.02.2025. 3. That, said agreement was execute between the parties on 12.02.2025 at Raipur wherein the parties have stated that they would be closing the case executed by either of the parties which are pending before this Hon'ble Court and learned Family Court. Copy of the compromise agreement dated 12.02.2025 along with affidavit dated 10.03.2025, bank statement are collectively filed herewith as Annexure-A/2. 4. That, on the basis of the aforesaid agreement clause 4 the complainant has withdrew the case of execution filed by her U/s 144(3) of BNSS 2023 before the learned Family Court on 08.03.2025. Copy of the order sheet dated 08.03.2025 is annexed herewith as Annexure-A/3. 5. That, as per the affidavit filed by the complainant dated 10.03.2025 the parties have moved an application U/s 13(B) of the Hindu Marriage Act 6 CRA No.1627/2019 before the learned Second Additional Principal Judge Family Court Raipur seeking divorce from each other, which was filed on 12.02.2025. Copies of the application along with the order sheet dated 12.02.2025 are collectively filed herewith as Annexure-A/4. 6. An affidavit has been filed by the complainant in support of the aforesaid statement. I.A. No.3/2025, filed by both appellants and complainant. 1. That by way of the present criminal appeal, against dated the judgment of conviction and sentence 04.11.2019 passed by the learned 8th Additional Session Judge Raipur, District Raipur (C.G.) in Session Case No. 119/2018 whereby the appellants/accused have been convicted and sentenced U/s 498-A of IPC R.I. for One Year. 2. That, during the pendency of the instant appeal before this Hon'ble Court the appellants and complainant has stated that they amicably wants to settle the dispute by way of compromise agreement and complainant has further stated that she does not want to proceed further in the instant appeal as parties are husband, wife and in-laws and they have mutually settled their dispute and the appellant no. 1 has pay a permanent alimony of Rs. 20 Lacs through Cheque bearing no. 009091 of Zila Sahakari Kendriya Bank Maryadit Raipur branch Village Silyari Kurud on 12.02.2025. 7 CRA No.1627/2019 3. That, said agreement was execute between the parties on 12.02.2025 at Raipur wherein the parties have stated that they would be closing the case executed by either of the parties which are pending before this Hon'ble Court and learned Family Court. 4. That, on the basis of the aforesaid agreement clause 4 the complainant has withdrew the case of execution filed by her U/s 144(3) of BNSS 2023 before the learned Family Court on 08.03.2025. 5. That, as per the affidavit filed by the complainant dated 10.03.2025 the parties have moved an application U/s 13(B) of the Hindu Marriage Act before the learned Second Additional Principal Judge Family Court Raipur seeking divorce from each other, which was filed on 12.02.2025. 6. That, an affidavit has been filed by the appellants and complainant in support of the aforesaid statement. 8. The Supreme Court in the matter of Surat Singh v State of Uttaranchal (Now Uttarakhand) and Another reported in (2012) 12 SCC 772 accorded permission to compound the offence during pendency of the appeal. 9. In view of the aforesaid decision of the Supreme Court and particularly considering the fact that both the parties entered into compromise amicably outside the Court and the complainant has no objection if the accused persons are acquitted the accused from the charge levelled against them. Hence, it would be 8 CRA No.1627/2019 appropriate to dispose of the present appeal by according permission to compound the offence and the effect of this would be the acquittal of the accused with the offence they are charged with. 10. Accordingly, the present appeal is disposed of. 11. The impugned judgment of conviction and sentence dated 04/11/2019 is set aside. The appellants are acquitted from the charges under Section 498 A of the IPC. The appellants are on bail. Surety and personal bonds earlier furnished by him at the time of suspension of sentence shall remain operative for a period of six months in view of the provisions of Section 481 of the BNSS. The appellants shall appear before the higher Court as and when directed. 12. The trial Court record along with the copy of this judgment be sent back immediately to the trial court concerned for compliance and necessary action. SD/- (Bibhu Datta Guru) Judge Gowri/ Amardeep