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2021 Supreme(Chh) 102

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS, J.
Ayush Poddar, S/o Shri Girdhar Poddar – Appellant
Versus
State of Chhattisgarh – Respondent
CRMP No. 162 of 2021
Decided on : 16-06-2021

Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajeev Shrivastava, Sr. Adv. with Mr. Saurabh Sahu, Advocate.
For the Respondent:Mr. Rakesh Sahu, Mr. Sanjay Patel, Advocate.

Headnote:

Criminal Procedure Code, 1973 – Section 482 – Penal Code, 1860 - Sections 498-A, 34 – Quash of Criminal proceedings – Dowry demand – Cruelty and harassment allegations against relatives of husband – Settlement of dispute - parties have amicable settled dispute between them and no grudge remains between them, this court is of the considered opinion that there is sufficient material for this court to form an opinion to quash the criminal proceeding initiated against the petitioners – Held, It is not in dispute that the offence under Sections 498-A, 34 has been registered against the petitioners, which relates to the family dispute and demand of dowry, which has been settled between the parties. The petitioners and respondent No. 2 have been examined before the Additional Registrar (Judicial) and they have submitted that they have mutually settled their grievance and this settlement has been arrived at between them without any pressure or any undue advantage to either side - petition is allowed

ORDER :

1. The petitioner has filed present petition under Section 482 of the Cr.P.C. for quashing of the FIR dated 27.11.2020 lodged against the petitioners for committing offence under Sections 498-A, 34 of I.P.C. before Police Station- Darri, District- Korba (C.G.). The said FIR was registered on the basis of complaint made by respondent No. 2, who is wife of petitioner No. 1.

2. The brief facts, as projected by the petitioners in this case, are that petitioner No. 1 is son of petitioner No.2 and petitioner No.3 & 4 are cousin brothers of petitioner No. 1. Marriage of petitioner No. 1 & respondent No. 2-complainant was solemnized on 17.01.2019 as per Hindu rituals and custom at Sambalpur. There was matrimonial dispute between petitioner No. 1 & respondent No. 2, therefore, petitioner No. 1 filed an application on 06.11.2020 under Section 13 of the Hindu Marriage act, 1955 for obtaining decree of divorce by mutual consent. Thereafter, respondent No. 2 filed a complaint on 27.11.2020 at Police Station- Darri, District- Korba against the petitioners alleging that the petitioners have tortured her and demanded dowry from her family. On the basis of that complaint, FIR bearing registration No. 0258 has been registered against the petitioners for committing offence under Section 498-A, 34 of I.P.C. The petitioners have preferred anticipatory bail before the trial court, which was rejected. This Court vide order dated 07.12.2020 has granted anticipatory bail to the petitioners. The family dispute between petitioners and respondent No. 1 relies their shortcoming and reached to amicable solution of compromise as per compromise agreement dated 24.01.2021 (Annexure P/4). Clause 3, 4 & 7 of the agreement reads as under:-

    “3. That both the parties have mutually decided to end all pending litigations including criminal case between them. For quashing the FIR no. 0258/2020 of police station Darri, district Korba, CG, the second party will submit an application along with a copy of this MOU to the police station Darri for getting the said FIR closed by way of closure report and on submission of such application the first party will support filing of closure report by recording her statement in favour of closing the case. In case of legal embargo in closing the criminal case at police station Darri and in the court of concerned magistrate by way of closure report, the second party will file a petition under 482 of CRPC/226 constitution of India before the High Court of Chhattisgarh for quashing the said FIR and first party will support the petition by way of compounding the offense and investigation pending against the second party. The second party will also withdraw MAT 103 filed on 06.11.2020 in Sambalpur Family court, and a separate mutual divorce petition will be filed by both the parties in the Sambalpur Family Court as early as possible for which a suitable date may be arrived with the consent of both the parties. Both the party will be under obligation to take all necessary steps as agreed in this MOU for quashing the FIR of Darri police Station and both the parties will be under further obligation for filing the mutual divorce petition at Sambalpur Family court.

4. The second party had issued a defamation notice to the first party in connection with FIR 0258/2020 of Darri police station and the second party has agreed to declare all the allegation lavelled against the first party in the defamation notice null and void once the joint mutual divorce petition is filed as Family Court Sambalpur

7. That it is also agreed between both the parties that upon filing of joint mutual divorce petition and joint petition for quashing of investigation of FIR 0258 dated 27.11.2020, educational and other documents belonging to first party will be handed over by Second Party to Sri Ashok Ji Agrawal who is a resident of Bilaspur. The handover will be done in presence of both First Party & Second Party and a document containing list of documents shall be

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