NITU SHUKLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant petition is preferred under Article 226 of the Constitution of India seeking quashment of entire proceedings pertaining to Criminal Case No. RCC/7050/2021 (State of Chhattisgarh v. Atul Shukla and others), pending before the learned Judicial Magistrate First Class, Durg, arising out of FIR bearing No.72/2020, registered at Mahila Thana, Durg for offence punishable under Sec. 498-A read with 34 of the IPC and Sec. 4 of Dowry Prohibition Act.

(2.) The brief facts of the case are that respondent No.2 " Atul Kumar Shukla is husband, respondent No.3 " Umesh Shukla is father-in-law, respondent No. 4 " Swati Tripathi is sister-in-law and respondent No.5 " Prasun Shukla is brother-in-law of the petitioner herein. The marriage between the petitioner and respondent No.2 was solemnized on 29/1/2019 according to Hundu Rites at Gorakhpur, Uttar Pradesh. After some time, dispute arose between the petitioner and respondent No.2 to 5 on account of harassment and assault in connection with demand of dowry, therefore, complaint was made by the petitioner at Mahila Thana, Durg and counseling was also conducted between the parties but it went in vain and thereafter FIR bearing No. 72/2020 was registered against the private respondents for offence punishable under Sec. 498-A read with 34 of the IPC and Sec. 4 of the Dowry Prohibition Act. The police after due investigation filed charge-sheet before the Judicial Magistrate First Class, Durg and Criminal Case was registered bearing No. RCC 7050 of 2021.

(3.) During the pendency of the Criminal Case, the petitioner and the private respondents amicably settled their dispute and an application under Sec. 320 (1) and 320 (2) of the Cr.P.C. was moved by both the parties before the learned trial Court on 18/10/2022, stating therein that charge-sheet has been filed and the parties have amicably settled their dispute and the complainant/petitioner herein does not want to prosecute furthermore against the respondent Nos. 2 to 5.