Advocates:
['KAMLESH KUMAR PANDEY', 'A G', '', 'G P MATHUR']

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Cr.M.P. No.305 of 2017

1. Ramesh Kumar, son of Har Prasad, aged about 40 years,

2. Har Prasad, son of late Balaram, aged about 65 years,

3. Heera Bai, wife of Har Prasad, aged about 60 years,

4. Sunita Bai, wife of Rajesh Kumar, aged about 35 years,

All are of Caste Sahu, Resident – Akhrabhatha, Ward No.10, Sakti,

District Janjgir-Champa (Chhattisgarh)

---- Petitioners

versus

1. State of Chhattisgarh, through the Station House Officer, Police

Station Sakti, District Janjgir-Champa (Chhattisgarh)

2. Smt. Pramila Sahu, wife of Ramesh Kumar, aged about 32 years,

resident of Akhrabhatha, Ward No.10, Sakti, District Janjgir-Champa

(Chhattisgarh) (Complainant)

--- Respondents

For Petitioners

:

Shri K.K. Pandey, Advocate

For State/Respondent No.1

:

Smt. Smita Ghai, Panel Lawyer

For Respondent No.2

:

Shri G.P. Mathur, Advocate

Hon'ble Shri Justice Anil Kumar Shukla

ORDER

17.3.2017

1.

The Petitioners have filed the instant petition under Section 482 of

the Code of Criminal Procedure for quashment of the criminal

proceedings pending before the Judicial Magistrate First Class,

Sakti, District Janjgir-Champa registered as Criminal Case No.322

of 2013.

2.

The facts of the case, in brief, are that Petitioner No.1, Ramesh

Kumar is the husband of Respondent No.2, Smt. Pramila Sahu and

Petitioners No.2 to 4 are father-in-law, mother-in-law and sister-in-

law of Respondent No.2, Smt. Pramila Sahu. The relationship

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between Ramesh Kumar and Smt. Pramila Sahu was cordial after

their marriage. Thereafter, Smt. Pramila Sahu filed a written

complaint before Police Station Sakti, District Janjgir-Champa

against the Petitioners. Police Station Sakti registered a crime

against the Petitioners under Sections 498-A, 323 read with

Section 34 of the Indian Penal Code. After completion of the

investigation into the crime, the police filed a charge-sheet for an

offence punishable under Sections 498-A, 323 read with Section

34 of the Indian Penal Code against the Petitioners before the

Court of Judicial Magistrate First Class, Sakti, which was

registered as Criminal Case No.322 of 2013. After some time, the

relationship between Respondent No.2, Smt. Pramila Sahu and the

Petitioners became cordial. Therefore, Petitioner No.2, Har Prasad

filed an application before the Court of Judicial Magistrate First

Class, Sakti under Section 320(2) Cr.P.C. for compounding of the

offences. The Judicial Magistrate First Class, Sakti allowed the

application on 11.4.2016 so far as it related to prayer for

compounding the offence under Section 323 read with Section 34

IPC, but disallowed the application so far as it related to prayer for

compounding the offence under Section 498-A IPC because the

offence under Section 498-A IPC is not compoundable. Therefore,

the Petitioners have filed the instant petition under Section 482

Cr.P.C. for quashment of the criminal proceedings initiated against

them in Criminal Case No.322 of 2013 pending before the Judicial

Magistrate First Class, Sakti for the offence under Section 498-A

IPC on the ground of amicable settlement between the parties.

3.

I have heard Learned Counsel appearing for the parties and

perused the material available before this Court.

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4.

It is evident that as a consequence of the compounding of offence

under Section 323 read with Section 34 IPC between Respondent

No.2, Smt. Pramila Sahu and the Petitioners before the Judicial

Magistrate First Class, Sakti, the Petitioners have been acquitted

of the charge framed under Section 323 read with Section 34 IPC.

5.

Petitioner No.1, Ramesh Kumar and Respondent No.2, Smt.

Pramila Sahu have filed their affidavits in support of the instant

petition under Section 482 Cr.P.C. It is stated in their affidavits that

they are again living together as husband and wife.

6.

Learned Counsel appearing for the Petitioners submits that

although t