Chattisgarh High Court
Vikas Devgon vs State Of Chhattisgarh on 14 July, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:32518
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 744 of 2023
1 - Vikas Devgon S/o Late Satpal Devgon Aged About 44 Years R/o 5 A,
Digitally
signed by
SHOAIB
New Sai Vihar, New Officers Colony, Patiala, Police Station Kotwali,
SHOAIB ANWAR
ANWAR Date:
Patiala (Punjab).
2025.07.14
17:48:54
+0530
2 - Smt. Swaraj Devgon W/o Late Satpal Devgon Aged About 75 Years
R/o 5 A, New Sai Vihar, New Officers Colony, Patiala, Police Station
Kotwali, Patiala (Punjab).
3 - Neetu Devgon W/o Beerkaran Sharma Aged About 47 Years R/o 5
A, New Sai Vihar, New Officers Colony, Patiala, Police Station Kotwali,
Patiala (Punjab).
4 - Reetu Kalia W/o Lalit Kalia Aged About 49 Years R/o E D 278, Dhan
Mohalla, Jalandhar (Punjab).
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station
Mahila Thana Bhilai, District : Durg, Chhattisgarh
2 - Smt. Pooja Sharma Devgon W/o Vikas Devgon Aged About 34 Years
2
R/o Ward No. 18, Padum Nagar, Behind Stone Galary, Bhilai-3, District :
Durg, Chhattisgarh
... Respondent(s)
(Cause title taken from CIS)
For Petitioner(s) :Shri Avinash Chand Sahu, Advocate.
For Respondent/State :Shri Sakib Ahmed, Panel Lawyer.
For Respondent No. 2 :Shri Virendra Verma, Advocate.
Hon’ble Shri Ramesh Sinha, Chief Justice
Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
14.07.2025
1. The present Cr.M.P. has been filed with the following prayer:-
” It is, therefore, prayed that this Hon’ble Court may kindly
be pleased to allow this application and stay the further
proceeding of F.I.R. No. 118/2021 registered by the Police
Station Mahila Thana, Bhilai, District Durg (C.G.) for the
offence under Section 498-A/34 of I.P.C. during the
pendency of the petition, in the interest of justice”
2. At the very outset learned counsel for the petitioner submit that the
matter has been amicably settled between the parties. The
compromise deed is on record.
3. Learned counsel for the respondent No. 2 has admitted the fact of
compromise and he has no objection.
4. For the sake of convenience, it would be appropriate to reproduce the
3
contents of compromise deed dated 01.12.2022 which reads as
under:-
” 1. That both the parties were married to each other on
17.10.2020 in accordance with Hindu Rites by way of Phera
Ceremony at Patiala, Tehsil & Distt. Patiala, Punjab, India.
2. That the parties co-habited as husband and wife after the
solemnization of the marriage and no child was born out of
their wedlock.
3. That party no.1 is residing at Samana at the above
mentioned address and since from very beginning of
marriage the relations of the party No.1 and the party no.2
were not good and they could not adjust with each other and
both the parties are living separately since 01.07.2021 and
during the said period of separation the party no.1 has filed
the petition u/s 9 of HMA against the party no.2 which is
pending before the Additional Principal Judge, Family Court,
Patiala, Camp court at Samana.
4. The party no.2 has also filed the petition u/s 125 Cr.P.C.
against the party no.1 which is pending before the Principal
Judge, Family Court, Durg (Chhattisgarh) and the party no.2
has also filed a petition Under Protection of Women from
Domestic Violence Act against the party no.1 as well as his
mother namely Sawraj Devgon and his sisters namely Neetu
Devgon and Ritu Kalia which is pending in the court of Civil
Judge Class-I/JMFC Bhilai (Chhattisgarh) and the party no.2
has also got registered a FIR No.118/2021 u/s 498- A and 34
IPC PS: Women Cell, Durg, Bhilai (Chhattisgarh) against the
party no.1 as well as his mother namely Sawraj Devgon and
his sisters namely Neetu Devgon and Ritu Kalia.
5. That now the parties have decided to dissolve their
marriage by filing the petition u/s 13-B of Hindu Marriage Act
by mutual consent and it has been settled between the
parties, the rights of party no.2 in respect of the dowry,
Istridhan and maintenance and permanent alimony in
lumpsum for the present, past & future period have been
fully settled to the tune of Rs.7,00,000/- as permanent
alimony and out of it Rs.3,00,000/- will be received by the
party no.2 from party no.1 in the court at the time of
statement of first motion in the divorce petition before the
court of Additional Principal Judge, Family Court, Patiala,
Camp court at Samana and the remaining amount of
Rs.4,00,000/- will be paid by the party no.1 to the party no.2
4at the time of final statement of said divorce petition before
the court and then nothing will be left due against the party
no.1 of any kind. The party no.2 has been left with no claim
of any kind against the party no.1 or his property or against
any of the relatives and above said family members of the
party no.1 except mentioned above said settled and
compromised amount of Rs.7,00,000/- and she herself will
not claim any maintenance from the party no.1 and his family
members in future. It is mutually settled between the parties
that they will not file any litigation against each other in future
and both the parties will be bound to withdraw all above said
litigations and applications with regard to this marriage
pending against each other by making their statement of
compromise before the respective Hon’ble Courts. The party
no.2 also undertakes to withdraw the above said petition u/s
125 Cr.P.C., petition Under Domestic Violence Act. Party
No.1 will file quashing of above said FIR pending against him
and his family members and party no.2 will bound to quash
the FIR by making a statement of compromise in the Hon’ble
Court before the final statement of parties in the said divorce
petition. Party No.1 will also withdraw a petition u/s 9 of HMA
filed by him at Family Court, Samana. Sister of party no.1
namely Neetu Devgon will also withdraw civil suit filed by her
at Patiala court against party no.2 and her family. On failure
to withdraw the above said litigations and to failure to give
statement of compromise in quashing petition of said FIR
lodged against the party no.1 and his family members by the
party no.2, the party no.2 will be bound to return the above
said amount of Rs. 3,00,000/- and party no. 2 will also be
liable to pay damages to the tune of Rs. 7,00,000/- to the
party no. 1 and on said failure to withdraw the litigations, the
party no.2 will have no right to claim any alimony as well as
above said settled amount from the party no.1 and the party
no.1 would have every right to take action against the party
no.2. On failure of party no.1 to give his final statement in the
divorce petition, the party no.2 will forfeit the said amount of
Rs.3,00,000/- and party no.1 will have no right to claim this
amount from party no.2
5. 5. That the said compromise has been arrived between
the parties with the intervention of the respectables persons
of the society without any apprehension and pressure and
same has been executed with their own free will and without
any coercion.
As such the above said compromise has been executed
between the parties and contents of the same has been read
over and explained to the parties in the presence of
witnesses and after admitted it as true and correct put their
5
respective hands on the same, so it will be use in future.
Dated 07.09.2022″
5. It is evident from the record that the compromise arrived at
between the parties and the counsel for the private respondent
No.2 is also present and admitted that above fact regarding the
compromise.
6. In view of the above submission made by the counsel and
looking to the compromise deed, this CRMP is allowed subject to
fulfillment of terms and condition of the compromise deed dated
01.12.2022 and accordingly FIR No. 118/2021 dated 30.11.2021
registered at Police Station Mahila Thana, Bhilai District Durg
(C.G.) for the offence U/s 498-A/34 of IPC against the petitioners
is here by quashed.
Sd/- Sd/-
(Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice
Shoaib/Amardeep