1 2025:CGHC:2091 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3360 of 2024 1 - Vikas Pandey S/o Kailash Prasad Pandey, Aged About 33 Years R/o Quartor No. 157, Sanskar City Dhansuli Raipur Police Staiton Vidhansabha Raipur, District : Raipur, Chhattisgarh 2 - Smt. Sunita Pandey W/o Kailash Prasad Pandey, Aged About 53 Years R/o Quartor No. 157, Sanskar City Dhansuli Raipur Police Staiton Vidhansabha Raipur, District : Raipur, Chhattisgarh 3 - Kailash Prasad Pandey S/o Kailka Prasad Pandey Aged About 63 Years R/o Quartor No. 157, Sanskar City Dhansuli Raipur Police Station Vidhansabha Raipur, District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - Smt. Svati Pandey @ Svati Tiwari W/o Vikas Pandey Aged About 31 Years R/o Near Shikhar-Vatika, Madhuvan Road Nariyal Kothi Dayalbandh Bilaspur Police Station City Kotwali Bilaspur, District : Bilaspur, Chhattisgarh 2 - State Of Chhattisgarh Through- District Magisgtrate Bilaspur (Police Station Incharge Vidhansabha Raipur), District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Suresh Kumar Pandey, Advocate. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.03.03 10:54:17 +0530 2 For Respondent No.1 : Shri Sajal Kumar Gupta, Advocate For the State : Ms. Prabha Sharma, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 13/01/2025 1. In pursuance of the order dated 11/12/2024 and 09/01/2025 the parties have appeared before the Additional Registrar (Judicial) and statement of the petitioners and respondent/complainant have been recorded. 2. This petition is filed for quashing the entire proceedings of the Criminal Prosecution arising out of Crime No.139/2020, registered by Police Station Vidhansabha Raipur and charge sheeted before Judicial Magistrate First Class in Criminal Case No. 5807/2021 and now pending before Judicial Magistrate First Class, Bilaspur as Criminal Case No.1712/2024 and acquitted the accused persons/petitioners for the offences punishable under Sections 341,294,323 IPC, on the ground of the compromise taken place between the victim/complainant with the accused persons, on the basis of taking divorce with the mutual consent. Section 341, 294, 323 of IPC is compoundable offence but Section 498 A of IPC is not compoundable under the law, therefore, the petitioners filed this petition before this Court. 3. The brief facts of the case is that on 03.06.2020, the Victim/Complainant namely Smt. Svati Pandey had enlarged a written report before P.S. Vidhansabha Raipur District Raipur alleging that her marriage with accused/Vikas Pandey had been solemnized on 13.02.2019 and thereafter she used to come at the house of her husband at Sanskar City Raipur, wherein her Husband namely Vikas 3 Pandey, Father In-law namely Kailash Prasad Pandey, Mother In-law namely Smt. Sunita Pandey, whosoever were residing altogether and whenever on 07.06.2020 at about 3-4 hours of the day her husband demanded the key of her Almirah, then she denied to give him the key thereafter her husband had teared her bag in which the keys was kept and upon the same account also started beating with her and thereby she sustained injuries with having pain upon her right hand and cheek and at the same juncture her mother-in-law had also pushed her and then she used to ousted from her room, but she fallen in earth and got pain in her chest and whenever she tried to go away then she was taken inside of the house and upon that allegation the case was registered as Crime No.139/2020 and after the entire investigation the chrge-sheet had been filed as Annexure P-1. 4. After framing the charges, victim/complainant moved one transfer petition before this High Court for transferring the case from Raipur to Bilaspur Court, in which vide order dtd. 23.06.2023 in T.P.(Cr.) No.02/2022, High Court had allowed the transfer petition of the victim/complainant and thereby transferred the case from JMFC Raipur to the Court of CJM Bilaspur and thereafter the instant Criminal case is pending before JMFC Bilaspur, for advancement of the argument before framing the Charges against the accused persons scheduled on dtd. 16.12.2024, which is Annexure P-2. 5. During pendency of the instant Criminal case at Bilaspur, both rival parties had mutually settled their disputes under the terms that let by the mutual consent with husband and wife one Divorce Petition under Section 13 (B) of the Hindu Marriage Act be filed before Family Court 4 Bilaspur with the condition that one time maintenance amount by the husband by the tune of Rs. 17, 50,000/- (Rs. Seventeen Lakhs and Fifty Thousands) shall be given to the wife and then the wife shall withdraw her both cases, out of which one case of the maintenance petition filed under Section 125 of the Code of the Criminal Procedure before Family Court Bilaspur and another case complaint case filed under the Provision of the Domestic Violence Act before JMFC Bilaspur. 6. The aforesaid terms and conditions, on 16.07.2024 one joint petition under Section 13 (B) of the Hindu Marriage Act have also been filed for the divorce under the mutual consent before Principal Family Court Bilaspur and in mutually agreed terms and condition, the victim/ complainant had also withdrawn her one of the petition filed under Section 125 of the Cr.P.C. from the Court of Family Court Bilaspur, vide order Dtd. 16.07.2024 itself of the MJC No. 422/2020 and also another Complaint Case, bearing MJC Criminal No.675/2021 vide order dtd. 16.06.2024 itself. 7. Learned counsel for the respondent No. 1 has made no objection and submitted that the petitioners have given rest of the alimony amount through demand draft before the AR (J) of this Court on 10/01/2025 during recording of statement. 8. I have heard learned counsel for the parties and perused the material available on record. 9. It is not in dispute that the parties have entered into compromise for settlement of their dispute and have got recorded their statements before the Additional Registrar (Judicial) and have categorically stated 5 that they have amicably resolved their dispute through compromise voluntarily without any threat, coercion or pressure and expressed their willingness for quashing of the impugned Crime No.139/2020. Earlier also, they had filed application for compromise before the learned Trial Court, which was allowed partly and the petitioner was acquitted of the offence under Section 341, 294, 323, 34 of IPC, but since the offence under Section 498-A is not compoundable, the same was directed to go on. 10. In view of the judgments of the Hon'ble Apex Court in the matters of Manoj Sharma Vs. State: (2008) 16 SCC 1, B.S. Joshi Vs. State of Haryana and others: 2003 (4) SCC 675, Gian Singh Vs. State of Punjab and another (2012) 10 SCC 303 and Narinder Singh and others Vs. State of Punjab and another: (2014) 6 SCC 466, I am of the view that this Court in exercise of its inherent power under Section 482 Cr.P.C. can quash the Criminal Case No.1712/2024, as the dispute has been amicably settled between the parties. 11. In view of the above, the present CRMP is allowed. The proceeding of Criminal Case No. 1712/2024 pending before the Judicial Magistrate First Class, Bilaspur, is hereby quashed. Sd/- (Arvind Kumar Verma) JUDGE Kamde