1 2025:CGHC:3592-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3442 of 2024 1 - Vaibhav Waldekar S/o Sanjay Waldekar Aged About 31 Years R/o Kalkapara Railway Station, In Front Of Police Station And Tahsil Misiyabada, Dongargarh, District- Rajnandgaon, Chhattisgarh 2 - Sanjay Waldekar S/o Late Mahadev Waldekar Aged About 58 Years R/o Kalkapara Railway Station, In Front Of Police Station And Tahsil Misiyabada, Dongargarh, District- Rajnandgaon, Chhattisgarh 3 - Smt. Pratima Waldekar W/o Sanjay Waldekar Aged About 58 Years R/o Kalkapara Railway Station, In Front Of Police Station And Tahsil Misiyabada, Dongargarh, District- Rajnandgaon, Chhattisgarh ... Petitioners versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station- Baikunthpur, District- Korea Chhattisgarh 2 - Shubhra Bhattacharya W/o Vaibhav Waldekar At Present Resident of 79 Mla Nagar Baikunthpur P.S. Baikunthpur District - Koriya (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Goutam Khetrapal, Advocate For Respondent No.1 : Mr. Shailendra Sharma, Panel Lawyer For Respondent No.2 : None Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 21.01.2025 1. Heard Mr. Goutam Khetrapal, learned counsel for the petitioner as well as Mr. Hariom Rai, learned Panel Lawyer, appearing for the State/respondent No.1. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.21 17:57:44 +0530 2 2. As no one has appeared on behalf of respondent No.2, but perusal of the mediation report, it appears that the dispute between the petitioners and the respondent No.2-complainant has been amicably settled subject to fulfillment of terms and conditions of the settlement agreement entered between the parties before the Mediation Center of this Court on 09.01.2025, as such, there is no need to issue notice to respondent No.2. 3. The present petition has been filed by the petitioners with the following prayer: “It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceedings against the petitioners pursuant to the FIR bearing Crime No. 96/2021 registered at Police Station, Baikunthpur, District-Korea (C.G.) as well as final report no. 110/2021 dated 22.07.2021 and further be pleased to quash the order dated 26.09.2024 passed in Criminal Revision No. 38/2024 by the learned Additional Sessions Judge, Koriya, District-Koriya (C.G.) and order dated 26.12.2023 passed in Criminal Case No.295/2021 by the learned Judicial Magistrate First Class, Baikunthpur, District- 3 Korea (C.G.) by discharging the petitioner no. 1 from the offence U/s 498-A, 34, 377 of IPC & Section 3 & 4 of Dowry Prohibition Act and petitioners no. 2 & 3 from the offence U/s 498-A, 34 of IPC and Section 3 & 4 of Dowry Prohibition Act, in the interest of justice accordingly.” 4. Facts of the case are that, petitioner No. 1 is husband and petitioner Nos. 2 & 3 are father-in-law and mother-in-law of the complainant namely Shubhra Bhattacharya respectively. The marriage of petitioner No. 1 and complainant was solemnized on 08.09.2015, thereafter on the basis of instruction of parents of petitioner No. 1, their marriage was performed before the society on 24.07.2016. After marriage, the complainant pressurized the petitioner No. 1 to live separately. In the year 2016, the complainant left the house of petitioner No. 1 and living with her parental house, due to which, the petitioner No. 1 filed an application under Section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights and after knowledge of same, the complainant returned to the house of petitioner No. 1. On 25.03.2020, a girl child has been born from the wedlock of petitioner No. 1 and complainant and for delivery of child, the complainant went to her parental house, from where she did not return. On 21.04.2021, the complainant lodged written complaint against the petitioners, alleging therein that the petitioners have subjected her to cruelty on account of demand of dowry and on the basis of written complaint, without 4 conducting any counseling between the parties, the Station House Officer, Police Station, Baikunthpur has registered the offence under Section 498-A, 377 of Indian Penal Code, 1860 against the petitioners bearing Crime No.96/2021. Upon completion of investigation, the Station House Officer, Police Station, Baikunthpur has submitted final report before the Chief Judicial Magistrate, Baikunthpur, where Criminal Case No.295/2021 has been registered against the petitioners and after committal proceedings, the case has been committed to the learned Judicial Magistrate First Class, Baikunthpur. Thereafter, vide order dated 26.12.2023, the learned trial Court has framed the charges under Sections 498-A, 34, 377 of Indian Penal Code, 1860 and Section 3 & 4 of Dowry Prohibition Act against the petitioner No. 1 as well as under Sections 498-A, 34 of the Indian Penal Code, 1860 and Section 3 & 4 of Dowry Prohibition Act against the petitioners No. 2 & 3. 5. Being aggrieved by the order dated 26.12.3023, the petitioners preferred a revision before the learned Additional Sessions Judge, Koriya, which was dismissed by the Revisional Court vide impugned order dated 26.09.2024. 6. Learned counsel appearing for the parties submit that the dispute between the petitioners and the respondent-complainant has been amicably settled subject to fulfillment of terms and conditions of the settlement agreement entered between the parties before the Mediation Center of this Court on 09.01.2025. 7. Considering the settlement which has been arrived at between the 5 parties and the agreement has been executed on 09.01.2025, criminal proceedings pending before the Judicial Magistrate First Class, Baikunthpur in Criminal Case No.295/2021 arising out of the FIR bearing No.96/2021, registered at Police Station Baikunthpur, District Korea (C.G.) and the entire charge sheet filed by the police under Sections 498-A, 34, 377 are hereby quashed, subject to fulfillment of terms and conditions as mentioned in the settlement agreement dated 09.01.2025. 8. Accordingly, the instat Cr.M.P. is allowed to the extent indicated hereinabove. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu