Smt. Pratibha Diwakar vs Pradeep Diwakar
2023 Latest Caselaw 383 Chatt

                                         1

                                                                          NAFR
            HIGH COURT OF CHHATTISGARH, BILASPUR
                          Cr.M.P No.132 of 2023
     Smt. Pratibha Diwakar W/o Pradeep Diwakar Aged About 28
     Years R/o Sakeen Lalpur, Police Station Navagarh, District
     Bemetara (C.G.) (Present Address) - Ayodhya Nagar Ring Road,
     Behind St. Fransis School, Ring Road No.02 Location Niwas,
     District : Bilaspur, Chhattisgarh             ----Petitioner
                                         Versus
     1. Pradeep Diwakar S/o Kheduram Diwakar Aged About 33 Years
        R/o Sakinan Lalpur Police Station Navagarh, District :
        Bemetara, Chhattisgarh
     2. Kheduram Diwakar S/o Samaru Diwakar Aged About 53 Years
        R/o Sakinan Lalpur Police Station Navagarh, District :
        Bemetara, Chhattisgarh
     3. Smt. Heman Diwakar W/o Kheduram Diwakar Aged About 50
        Years R/o Sakinan Lalpur Police Station Navagarh, District :
        Bemetara, Chhattisgarh
     4. State Of Chhattisgarh Through Police Station Navgarh, District :
        Bemetara, Chhattisgarh                       ----Respondents

For Petitioner: Shri TK Jha, Advocate.

For Respondents No.1 to 3: Shri Amir Khan, Advocate. For Respondent No.4/State: Shri Vimlesh Bajpai, G.A.

Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 18.01.2023

1. This Petition is filed against the order of rejection of

compromise application dated 20.04.2022 filed under Section 320(2)

Cr.P.C passed by the JMFC, Bemetara in Criminal Case

No.1338/2021 for the offence under Section 498-A IPC, being not

compoundable in nature, as the Petitioner/wife settled the

matrimonial dispute against her husband/Respondent No.1 and his

family members and also residing together.

2. Shri Jha submits that the wife/Petitioner made a complaint

before the SHO, PS Nawagarh on 09.01.2021 and on such

complaint, FIR No.07/2021 for the offence under Sections 498-A and

323/34 IPC was registered against the Respondents and charge

sheet was filed on 09.06.2021 and subsequently, Criminal Case

No.1338/2021 is pending before the JMFC, Bemetara. He further

submits that as the parties have settled their dispute and the

Petitioner/wife is also living peacefully in her matrimonial house with

her husband/Respondent No.1 along with other family members and

in such circumstances, she has filed an application for compromise of

the offence as aforesaid. He further submits that the trial Court has

allowed the said application for the offence under Section 323 IPC

and as the offence under Section 498-A is not compoundable in

nature, therefore on such technicality, disallowed the same. He

further submits that as the parties have settled their dispute amicably,

therefore, considering the harmony developed among them and

under such circumstances, there is no purpose to continue with the

criminal prosecution, which amounts to abuse of process of law, the

Petition may be allowed invoking the powers enumerated under

Section 482 Cr.P.C.

3. On the other hand, Shri Khan does not dispute the contention of

learned Counsel for the Petitioner and further submits that the parties

have arrived at a compromise through their free will and without any

undue influence. Shri Bajpai also supports the order impugned and

puts forth that in the matter of B.S. Joshi and Others Vs. State of

Haryana and Another reported in (2003) 4 SCC 675, it is well settled

that the High Court in exercise of its inherent powers can quash

criminal proceedings or FIR or complaint and Section 320 of the

Code does not limit or affect the powers under Sections 482 of the

Code and in catena of judgments, it has been held that under Section

482 Cr.P.C, in such circumstances, the initiation of proceedings may

be quashed by the High Court.

4. Having considered the submissions made by learned Counsel

for the parties, particularly considering that amicable settlement has

arrived at between the husband and wife and the Petitioner/wife does

not want to continue with the criminal prosecution as she is living

peacefully in her matrimonial house along with Respondent

No1/husband and other family members and there would be no

purpose to continue with the criminal prosecution, further considering

the dictum of B.S. Joshi and Others Vs. State of Haryana and

Another (supra), further criminal prosecution pertaining to Criminal

Case No.1338/2021 for the offence under Section 498-A IPC is

hereby quashed.

5. With the aforesaid observation, the Petition stands disposed of.

Sd/-

(Deepak Kumar Tiwari) Judge Priya