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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

CRMP No. 137 of 2021

1.

Abhishek Jain, S/o Awadesh Jain, Aged About 29 Years.

2.

Awadesh Jain, S/o Late Shri Roshan Lal Jain, Aged About 53

Years.

3.

Rajni Jain, W/o Awadesh Jain, Aged About 51 Years.

4.

Aaysha Jain, D/o Awadesh Jain, Aged About 24 Years.

5.

Anil Sharma, S/o Late Shri Ganga Prasad Sharma, Aged

About 46 Years.

All R/o Old Idgah Colony, Agra, Uttar Pradesh.

---- Petitioners

Versus

1.

State of Chhattisgarh, through the Station House Officer,

Mahila Thana Raipur, District- Raipur (C.G.)

2.

Anugya Jain, W/o Abhishek Jain, Aged About 28 Years, R/o 6

New Shanti Nagar Civil Lines Raipur, District- Raipur (C.G.)

---- Respondents

______________________________________________________

For Petitioners

:

Mr. Atanu Ghosh, Advocate.

For State/Res. No. 1

:

Mr. Rakesh Sahu, Dy. Govt. Adv.

For Respondent No. 2

:

Ms. Upasana Mehta, Advocate.

Hon'ble Shri Justice Narendra Kumar Vyas

Order On Board

27/08/2021

1.

The petitioners have filed the present petition under Section

482 of the Cr.P.C. for quashment of entire proceeding in

Criminal Case No. 5637/2018 pending before Judicial

Magistrate First Class, Raipur, District- Raipur (C.G.) arising

out of Crime No. 13/2018 registered at Police Station- Mahila

Thana Raipur, District- Raipur (C.G.) against the petitioners

for committing offence punishable under Sections 498-A, 506

& 34 of I.P.C. and Section 6 of Tonhi Pratadna Adhiniyam on

account of amicable settlement arrived at between the parties.

2.

Learned counsel for the petitioners would submit that the

complainant/ respondent No. 2- Anugya Jain, who is legally

wedded wife of petitioner No. 1 has lodged a report at Police

Station - Mahila Thana, Raipur on 07.03.2018 for committing

offence punishable under Sections 498-A, 34 & 506 of I.P.C.

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and Section 6 of Tonhi Pratadna Adhiniyam against the

petitioners alleging that they are harassing and torturing her

on demand of dowry.

3.

Learned counsel for the petitioners submits that during

pendency of this petition, the parties have settled their

dispute.

4.

Learned counsel for respondent No. 2 does not oppose the

submission made by learned counsel for the petitioners.

5.

Hon'ble the Supreme Court in case of State of Madhya

Pradesh Vs. Laxmi Narayan & others¹, has summarized the

law for quashing of FIR, the relevant paragraphs are extracted

below:-

“15.1That the power conferred under Section

482 of the Code to quash the criminal

proceedings for the non-compoundable offences

under Section 320 of the Code can be exercised

having overwhelmingly and predominantly the

civil character, particularly those arising out of

commercial transactions or arising out of

matrimonial relationship or family disputes and

when the parties have resolved the entire dispute

amongst themselves;

15.5 While exercising the power under Section

482 of the Code to quash the criminal

proceedings in respect of non-compoundable

offences, which are private in nature and do not

have a serious impart on society, on the ground

that there is a settlement/compromise between

the victim and the offender, the High Court is

required to consider the antecedents of the

accused; the conduct of the accused, namely,

whether the accused was absconding and why

he was absconding, how he had managed with

the complainant to enter into a compromise, etc.”

6.

This Court vide order dated 03.08.2021 directed the petitioner

No. 1 & respondent No. 2 to record their statement before

Additional Registrar (Judicial) of this Court on 23.08.2021 and

in pursuance of this Court's order, Petitioner No. 1- Abhishek

Jain & respondent No. 2- Anugya Jain recorded their

statement, in which, they have unequivocal submitted that

their dispute is settled and now there is no dispute between

1

(2019) 5 SCC 688

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them and they do not want to prosec