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Judgment
CrMP No.250/2021 has been preferred by Avinash Peshwani & Others seeking to quash the FIR No.1/2021, registered at Police Station Mahila Thana Raipur, District Raipur for offence under Section 498-A read with Section 34 of the IPC, whereas CrMP No.1485/2022 has been preferred by Smt. Roshani Peshwani, wife of Avinash Peshwani & Others seeking to quash the FIR No.809/2020, registered at Police Station Sarkanda, District Bilasupur for offence under Sections 147, 294, 323, 427, 506 of the IPC.
Facts of the case are that Avinash Peshwani got married with Roshani Peshwani in the year 2019. After some time of the marriage, their relations became bitter and the husband has filed an application on 19.3.2020 to declare the marriage as void before the Family Court, Raipur and the wife has also filed an FIR at Mahila Thana, Raipur vide FIR No.1/2021 on 2.1.2021 for offence under Section 498-A/34 of the IPC. Husband Avinash Peshwani has also lodged an FIR at Police Station Sarkanda vide FIR No.809/2020 on 28.8.2020 for offence under Sections 147, 294, 323, 427, 506 of the IPC against his wife.
Learned counsel for the petitioner would submit that both the parties have settled their dispute amicably and an application for compromise has also been filed before the Family Court for mutual divorce.
The Additional Registrar (Judicial) of this Court has recorded the statement of the parties in which they have categorically supported the aforesaid compromise which was arrived on their own free will, without any undue influence, coercion or inducement. So, further continuation of the criminal proceeding would not serve any purpose.
It is well settled that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Sections 482 of the Code. {See : B.S. Joshi and Others Vs. State of Haryana and Another, (2003) 4 SCC 675}.
In view of the above, both the Petitions are allowed and the FIRs registered at Police Stations Sarkanda, District Bilaspur and Mahila Thana, District Raipur for the aforesaid offences are hereby quashed.