Narsingh Narayan Tiwari vs State Of Chhattisgarh
2022 Latest Caselaw 362 Chatt

      HIGH COURT OF CHHATTISGARH, BILASPUR

                  CRMP No. 2567 of 2019

• Narsingh Narayan Tiwari & Others

                                                ---- Petitioners

                          Versus

• State Of Chhattisgarh & another

                                              ---- Respondents

___________________________________________________

Post for pronouncement of the judgment on _21.01.2022

____Sd/-______ JUDGE NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Judgment reserved on : 30.11.2021

Judgment delivered on : 21.01.2022

CRMP No. 2567 of 2019

1. Narsingh Narayan Tiwari S/o Keshav Prasad Tiwari Aged About 65 Years R/o Quarter No. 12, Mhada Colony, Sainagar, Bhandara, Raod, Nagpur, Maharashtra.

2. Santra Devi W/o Narsingh Narayan Tiwari Aged About 62 Years R/o Quarter No. 12, Mhada Colony, Sainagar, Bhandara Road, Nagpur, Maharashtra

3. Yogesh Tiwari S/o Narsingh Narayan Tiwari Aged About 42 Years R/o Quarter No. 12, Mhada Colony, Sainagar, Bhandara Road, Nagpur, Maharashtra.

4. Anita Tiwari W/o Yogesh Tiwari Aged About 37 Years R/o Quarter No. 12, Mhada Colony, Sainagar, Bhandara Road, Nagpur, Maharashtra.

---- Petitioners

Versus

1. State Of Chhattisgarh Through The Station House Officer, Police Station Sakti, District Janjgir-Champa, Chhattisgarh.,

2. Smt. Suman Tiwari W/o Umesh Aged About 31 Years, Caste Brahman, R/o Ward No. 6, Sakti, Police Station And Tahsil Sakti, District Janjgir-Champa, Chhattisgarh.

---- Respondents

For Petitioners : Shri Kamlesh Kumar Pandey, Advocate For Resp. No.1/State : Shri Ishwar Jaiswal, PL For Resp. No.2/Complainant : Shri Vikas Shrivastava, Advocate

Hon'ble Smt. Justice Rajani Dubey

C A V Order

21/01/2022

On 06.09.2021, this court has directed the parties to apear On

before the Additional Registrar (Judicial) on 22.09.2021 for recording of their statements mentioning that the parties have settled the matter

amicably.

It has been stated by both the parties that the FIR resigstered at

police station Sakti, district Janjgir-Champa vide Crime Number

250/2012 in relation to the criminal case No. 512/2012 be quashed in

the light of the decision of the Supreme Court in the matter of B.S.Joshi &

Others V. State of Haryana & Another reported in (2003) 4 SCC 675

wherein it has been held that it is the duty of the Court to encourage genuine

settlements of matrimonial disputes even if the offence alleged is a non-

compoundable one, the petition is allowed.

Accordingly, FIR dated 27.08.2012 registered at Police Station Sakti,

district Janjgir-Champa vide Crime No. 250/2012 for the offence punishable

under Sections 498-A, 34 of the IPC & Cr. Case No. 512/2012, is hereby

quashed.

Sd/-

(Rajani Dubey) Judge suguna