1 2025:CGHC:52991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1222 of 2025 Vaibhav Jajodiya S/o Late Vinay Jajodiya Aged About 31 Years R/o Jajodiya Bhawan, Infront Of Bajaj Fashion, Marwadi Line, Khaparganj, Madhya Nagari, P.S. City Kotwali, Bilaspur, Distt. Bilaspur, Chhattisgarh. ... Applicant versus Smt. Damini Jajodiya W/o Vaibhav Jajodiya Aged About 31 Years R/o Prakhar Press Gali, Adarsh Nagar, Mowa, Raipur, Chhattisgarh. ---- Respondents For Applicant : Mr. Malay Shrivastava, Advocate. For Respondent : Mr. Hemant Kesharwani, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.10.2025 1. Heard Mr. Malay Shrivastava, learned counsel appearing for the applicant. Also heard Mr. Hemant Kesharwani, learned counsel for the private respondent. 2. This Criminal Revision is being aggrieved with the proceeding of the MCC No. 912/2025 pending in the Court of learned First Principal Judge, Family Court, District – Raipur (C.G.), whereby the proceeding under Section 144 of the BNSS was initiated by the respondent. 3. The prosecution story in brief is that the respondent has <led an RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 application under Section 144 of the BNSS before the Family Court, Raipur seeking maintenance from the applicant on the ground that the respondent is living separately from 20.05.2025 from the applicant and the respondent was not having any source of income. The respondent has also lodged an FIR against the applicant and the mother and sister of the applicant for the commission of the o=ence which is punishable under Section 85 read with Section 3(5) of the BNS. Against the registration of the FIR against the applicant and mother and sister of the applicant, the applicant and his mother and sister have <led a CRMP No. 2381/2025 in which this Court vide order dated 31.07.2025 was pleased to pass the following order: “In view of the above, petitioners shall deposit Rs. 1,00,000/- with the Mediation Centre of this Court within a period of seven days from today and the same shall be paid to respondent No.2 on her appearance before the Mediation Centre.” 4. In compliance of the order dated 31.07.2025, on 04.08.2025 the applicant has deposited Rs. 1,00,000/- in the High Court Mediation Centre and on 11.08.2025 the respondent has received the amount of Rs. 1,00,000/- from the Mediation Centre. In compliance of the order dated 31.07.2025, the applicant and the respondent has appeared for mediation before the Mediation Centre on 11.08.2025 and 12.08.2025 and on 12.08.2025, the matter has been settled between the applicant and the respondent with a condition that the applicant will give a total Rs. 10,00,000/- to the respondent towards permanent alimony and the respondent will not claim any maintenance amount from the applicant in future. 5. In compliance of the compromise deed dated 12.08.2025, when the case was listed on 18.08.2025, the applicant has paid the amount of Rs. 4,00,000/- to the respondent vide Demand Draft No.736865 dated 3 18.08.2025 which was received by the respondent. 6. In terms of the compromise deed dated 12.08.2025, this Court was pleased to pass the order dated 18.08.2025 which is as follows: “8. Considering the submissions advanced by the learned counsel for the parties and particularly considering the fact that the compromise has been entered between the parties, the First Information Report bearing Crime No. 47/2025 registered on 14.07.2025 at Police Station – Mahila Thana, Raipur, District Raipur (C.G.) for the o2ence under Sections 85 and 3(5) of the BNS, is hereby quashed. 9. In view of the above, the instant CRMP is allowed.” 7. Flouting the conditions contained in para 2 of the compromise deed dated 12.08.2025, the respondent has not withdrawn the application under Section 144 of the BNSS, and the applicant has received a notice for appearance on 25.09.2025 before the First Additional Principal Judge, Family Court, Raipur (C.G.) in Miscellaneous Civil Case No. 912/2025. Hence, this revision. 8. Learned counsel appearing for the applicant submits that the present Criminal Revision arises out of matrimonial dispute between the parties. It is submitted that in CRMP No. 2381/2025, the parties were referred to the Mediation Centre, where a settlement arrived between the parties and a compromise was executed on 12.08.2025, under which the applicant agreed to pay a total sum of Rs. 10,00,000/- towards full and <nal settlement. Out of the said amount, Rs. 5,00,000/- has already been paid, and the applicant is ready and willing to deposit the remaining Rs. 5,00,000/- in terms of the compromise. It is further submitted that as per para-2 of the compromise deed, the respondent was required to withdraw the proceedings initiated under Section 144 of the BNSS pending before the Family Court, Raipur, however, the respondent has failed to do so. It is further submitted that the applicant is ready to abide by the terms and conditions of the compromise, and undertakes that 4 immediately upon withdrawal of the said proceedings by the respondent, the applicant shall institute a petition under Section 13-B of the Hindu Marriage Act for mutual consent divorce before the competent Court, and the same shall be <led on or before the upcoming Monday itself. The applicant undertakes to strictly comply with all terms and conditions of the compromise deed. 9. On the other hand, learned counsel for the respondent opposes the submissions advanced by the learned counsel for the applicant and prayer for quashing of the proceedings under Section 144 of BNSS pending before the learned Family Court, Raipur, and submits that the instant revision is liable to be dismissed. 10. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 11. Considering the submissions made by learned counsel for the parties and taking into consideration the fact that the applicant and the respondent have already settled their matrimonial dispute vide compromise deed dated 12.08.2025 executed before the Mediation Centre in CRMP No. 2381/2025, and the applicant having undertaken before this Court to comply with the remaining terms of the said compromise, including deposit of the balance settlement amount i.e. Rs. 5,00,000/- as well as <ling a petition under Section 13-B of the Hindu Marriage Act on or before upcoming Monday itself upon withdrawal of the case under Section 144 of BNSS by the respondent, this Court is of the considered opinion that no useful purpose would be served in keeping the proceedings under Section 144 of BNSS pending. Hence, the proceedings under Section 144 of the BNSS, bearing MCC No. 912/2025, pending before the Court of First Additional Principal Judge, Family Court, Raipur (C.G.) are hereby quashed. 5 12. In view of the above, the instant criminal revision is allowed. 13. Let a certi<ed copy of this order be transmitted to the concerned Family Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar