Allowed

Smt. Jaimvati Thakur v. State of Chhattisgarh

Chhattisgarh HC13 Sept 2023CRMP/58/2023

Case brief

AI extract

What is this about?

Petitioners sought quashing of criminal proceedings under Sections 498A, 294, 323, 506 and 34 of IPC. The Court noted a marriage settlement mediated by the High Court. Quashing the FIR and charge-sheet was allowed based on settled dispute and Supreme Court precedents.

What did the court decide?

Quashing of criminal proceedings, FIR No. 168/2022, charge-sheet No. 212 of 2022, and Criminal Case No. 1977 of 2022 pending before Judicial Magistrate First Class, Jagdalpur.

Smt. Jaimvati Thakur Vs State of Chhattisgarh — Domestic Violence | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 58 of 2023

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Smt. Jaimvati Thakur W/o Shri Sundar Singh Thakur, Aged About 36 Years R/o Pujari Para Parpa Jagdalpur, P. S. Parpa, District Bastar Chhattisgarh.

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Sundar Singh Thakur, S/o Shri Sukkan Singh Thakur, Aged About 39 Years R/o Pujari Para Parpa Jagdalpur, P. S. Parpa, District Bastar Chhattisgarh.

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Kishore Kumar Rackwar, S/o Shri Krishna Kumar Rackwar, Aged About 27 Years R/o Village Parpa Jagdalpur, P.S. Parpa, District Bastar Chhattisgarh.

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Kanhaiya Thakur S/o Sukkan Singh Thakur, Aged About 27 Years Caste Rajput , R/o Chatarsingh House No. 61/13, Ward No. 28, Dayanand Palwal, District Palwal (Haryana) Presently R/o Pujari Para Parpa Police Station Parpa, District Bastar Chhattisgarh.

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Sunil @ Rinku, S/o Sukkan Singh Thakur, Caste Rajput, Aged About 24 Years R/o Village Hansapur House No. 59, Post Kshamapur, Near Ashok Shop, Police Station Chandhat, District Palwal (Hryanan) Presently R/o Pujari Para Parpa, Police Station Parpa, District Bastar Chhattisgarh.

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Vinod Kumar S/o Sukkan Singh Thakur, Aged About 32 Years Caste Rajput R/o 16th Battalion Chhattisgarh Force Narayanpur, P.S. Narayanpur, District Narayanpur Chahttisgarh. R/o Pandripani, Soni Mohalla, P.S. Parpa, District Bastar Chhattisgarh.

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---- Petitioners

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Versus

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State Of Chhattisgarh Through Station House Frazerpur (Parpa), District Bastar Chhattisgarh.

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Santoshi Soni, W/o Rinku Thakur, Aged About 27 Years R/o Soni Mohalla, Pandripani, Razerpur, District Bastar Chhattisgarh.

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---- Respondents

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(Cause Title is taken from Case Information System)

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For Petitioners : Shri Akhtar Hussain, Advocate. For State/Respondent No.1 : Shri Lalit Jangde, Dy. G.A. For Respondent No.2 : Shri J.K. Gupta, Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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13.09.2023

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1. By way of this petition, the relief sought by the petitioners is as under:

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“It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow the petition and quash charge-sheet dated 6.11.2022, filed in connection with Crime No. 168 of 2022 registered at police station Frazerpur (Parpa) under Section 498A, 294, 323, 506, 34 of Indian Penal Code and Criminal Case No. 1977 of 2022 pending before Judicial Magistrate First Class, Jagdalpur, District Bastar (C.G.) and may set free the applicants from the alleged aforesaid offences, in the interest of justice.”

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The facts of the present case are that petitioner No.1 is the sister-in-law, petitioner No.3 is a friend of the husband of the complainant, and petitioners No.2 & 4 to 6 are brothers-in-law of respondent No.2. The marriage between Rinku Thakur and respondent No.2 was solemnized on 22.04.2022 in Noida’s Arya Samaj and there is no child out of their wedlock. After a few days of marriage, her husband, brother-in-law and sisterin-law together started demanding a Scorpio Car and Rs.20 lakhs cash from her, upon failure to fulfil the demand, they started harassing her mentally and physically. They also threatened to kill and abused her mother and sister. Thereafter, respondent No.2 lodged an FIR against the petitioners under Sections 498A, 294, 323, 506 read with Section 34 of the Indian Penal Code and the proceedings are pending before the Court of learned Judicial Magistrate First Class, Jagdalpur, Chhattisgarh bearing Criminal Case No. 1977 of 2022 (State of Chhattisgarh vs. Rinku Thakur and Ors.). On 10.08.2023, the parties were present before this Court along with their respective counsels and stated that the matter may be referred to the Mediation Centre for an amicable settlement between the parties and for compounding the offence under Sections 498A, 294, 323, 506 read with Section 34 of IPC registered against the petitioners. In

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compliance with the order dated 10.08.2023, the case was assigned to Mediator-Advocate Ms. Sunita Jain. The Mediator after conducting mediation sessions has informed vide her report dated 17.08.2023 that:

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“Applicant present with his counsel. Smt. Ashwini Goverdhan.

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Respondent present with his counsel. D.D. Yadav on behalf of advocate J.K. Gupta.

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Mediation took place. Respondent is ready to go with his husband at his matrimonial house. Hassapur District Palwal (Haryana). Matter is settled. As applicant requested that the criminal proceeding against him, will be taken back by respondent.

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Therefore, the file is being sent back to the S.O. (Criminal) for necessary further proceedings.”

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1. Learned counsel appearing for the petitioners and respondent No.2 would submit that the dispute between the parties has already been settled. Learned counsel for the petitioners would submit that there are serious allegations against the husband of respondent No.2 whereas, against the petitioners, there are general and omnibus allegations of misbehaving and ill-treatment. They would further submit that the statement of the parties regarding the settlement of the dispute has been recorded before the Registrar (S&A)-cum-Incharge (Mediation) of this Court on 18.08.2023, where respondent No.2 has categorically stated that she is ready to go with her husband at her matrimonial house i.e. Hassapur, District Palwal (Haryana).

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1. Vide order dated 10.08.2023, the matter was referred to the Mediation Centre of this High Court for settlement between the parties and the petitioners and respondent No.2 were directed to appear before the Mediator of this Court on 17.08.2023. On 18.08.2023, the parties appeared before the Mediation Centre and their statements were recorded.

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1. Learned counsel for respondent No.2 would submit that the statement of respondent No.2 has already been recorded before the Registrar (S & A)-cum-Incharge (Mediation) on 18.08.2023 and as the parties have settled their dispute, respondent No.2 does not want to pursue this criminal case furthermore against the petitioners and thus, the order for quashing of criminal proceedings pending before the Court of learned Judicial Magistrate First Class, Jagdalpur, District Bastar bearing Criminal Case No.1977 of 2022 against the petitioners, FIR No. 168 of 2022 and the entire charge-sheet (final report) bearing No. 212 of 2022 may be passed.

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1. I have heard learned counsel for the parties and perused the documents.

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1. The Hon'ble Supreme Court has held in the matter of 'Ramgopal And Another Vs State of Madhya Pradesh reported in 2021 SCC Online SC 834' and ‘ Narinder Singh and Others Vs. State of Punjab and Another reported in 2014 (6) SCC 466’ , that the matters which can be categorized as personal in nature or in the matter in which the nature of injuries do not exhibit mental depravity or commission of an offence of such a serious nature that quashing of which would override public interest, the Court can quash the FIR in view of the settlement arrived at amongst the parties.

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1. Given the aforementioned facts and circumstances of the case as well as the law rendered by the Hon'ble Supreme Court in the matter of Ramgopal (supra) and Narinder Singh (supra), and further considering the fact that the petitioners and respondent No.2 have settled their dispute which is evident from the statement recorded on 18.08.2023 before the Registrar (S & A)-cum-Incharge (Mediation) of this Court, the entire criminal proceedings with respect to FIR dated 20.06.2022 bearing Crime No.168/2022, the charge-sheet (final report) bearing No. 212 of 2022 and Criminal Case No. 1977 of 2022 pending before the learned Judicial Magistrate First Class, Jagdalpur, District Bastar are hereby quashed.

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1. Accordingly, the petition is allowed to the extent indicated hereinabove.

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1. A copy of this order be forwarded to the concerned Court for information and necessary action.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Nimmi

Smt. Jaimvati Thakur v. State of Chhattisgarh

Case brief

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Smt. Jaimvati Thakur v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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