NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No.1226 of 2023

1. Rudra Kumar S/o. Malgujar Sahu, Aged About 29 Years

2. Gayatri Sahu, D/o. Malikram Sahu, Aged About 30 Years

3. Malgujar, S/o Cheduram Sahu, Aged About 55 Years

4. Dhani Bai, D/o. Malgujar, Aged About 49 Years

5. Ku. Monika, S/o. Malgujar, Aged About 21 Years All were the R/o Village Karda, OP Lawan, P.S. Kasdol, Tahsil Kasdol, District Baloda-Bazar-Bahatapara, Chhatitsgarh.

---- Petitioners Versus

1. State Of Chhattisgarh Through Out Post - Lawan, P.S. Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh

2. Smt. Pushpa Kumari Sahu, W/o. Rudra Kumar, D/o Jethuram Sahu, Aged About 28 Years R/o Rajhapodi (Wrongly Mention In Medical Report As Rajapodi), Tahan And Tahsil Navagarh, District : Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioners: Mr.Hemant Gupta, Advocate For Respondent No.1: Mr.Nitansh Jaiswal, Panel Lawyer For Respondent No.2: Ms.Laxmin Tonde, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Sachin Singh Rajput, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

21.06.2024

1. Heard Mr.Hemant Gupta, learned counsel for the petitioners.

Also heard Mr.Nitansh Jaiswal, learned Panel Lawyer for respondent No.1/State and Ms.Laxmin Tonde, learned counsel for respondent No.2.

2. The petitioners have filed this petition with the following prayer:-

“It is therefore prayed that this Hon’ble Court may kindly be pleased to allow the instant petition & compound the offences u/s 498-A, 294, 506 Part-II, 34 of I.P.C. in the light of the Crime No.228/2021 registered at Out Post – Lawan P.S. Kasdol, dated 29-06-2021 on the ground of compromise already takes place between the petitioners, in the interest of justice.”

3. Learned counsel for the petitioners vehemently argued that the complainant / respondent No.2, who is wife of petitioner No.1 has been time and again, filed affidavits before the respective Courts for compromising the matter as the matrimonial dispute is going on between them and an application was moved on the basis of compromise arrived at between the parties before the trial Court for quashing of the proceedings, but the same was rejected on the ground that offence under Section 498A of the IPC is not compoundable and for the first time before this Court, it has been alleged by respondent No.2 that petitioner No.1 has promised her to pay a sum of Rs.5,00,000/- and he is not paying the same. Learned counsel has further pointed out that the trial is in progress and the statement of the complainant / respondent No.2 has been recorded by the trial Court and other witnesses are not appearing.

4. On the other hand, learned counsel for respondent No.2 has stated and it also transpires from the order-sheet of the Court’s dated 6.3.2024 that respondent No.2 / wife is not ready for compounding the present criminal case and she is also contesting the case. Learned counsel also submits that the complainant would produce her witnesses before the trial Court, so that the trial may be concluded expeditiously.

5. Considering the facts and circumstances of the case, as the trial is in progress and the statement of the complainant / respondent No.2 has been recorded by the trial Court, we direct the concerned trial Court to conclude the trial as early as possible preferably within a period of four months from today, if there is no legal impediment. Ordered accordingly.

6. With the aforesaid observation / direction, the petition stands disposed of. A copy of this order be sent to the concerned trial Court forthwith.

Sd/- Sd/-

(Sachin Singh Rajput) (Ramesh Sinha)

Judge Chief Justice Bablu