Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:14425-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 915 of 2025
1. Sachin Sharma S/o Late K.P. Sharma Aged About 43 Years R/o Quarter No. 167/b, Road No. 18 Township, Dalli Rajhara, District Balod, Chhattisgarh.
2. Manoj Sharma S/o Late K.P. Sharma Aged About 46 Years R/o Quarter No. 167/b, Road No. 18 Township, Dalli Rajhara, District Balod, Chhattisgarh.
3. Sanjeev Sharma S/o Late K.P. Sharma Aged About 50 Years R/o Quarter No. 5/c, Road No. 7, Sector 4, Bhilai Nagar, District Durg, Chhattisgarh.
4. Kamla Sharma W/o Mahesh Sharma Aged About 52 Years R/o House No. 873, Stret No. 13, Shanti Nagar, Supela, District Durg, Chhattisgarh (Address Wrongly Mentioned In The First Page Of The Certified Copy/ Annexure P1)
... Petitioner(s) versus
1. State of Chhattisgarh Through Station House OfÏcer, Police Station Mahila Thana, District Durg, Chhattisgarh.
2. Isha Vishwakarma D/o Krishna Kumar Vishwakarma Aged About 33 Years R/o H-02, Plot No. 419/2 Street No. 01, Ashish Nagar West, Risali, Bhilai, Newai, District Durg, Chhattisgarh.
...Respondent(s) For Petitioners : Mr. Shikhar Bakhtiyar, Advocate. For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.03.26 19:15:01 +0530
2 Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Ravindra Kumar Agrawal
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
26.03.2025
1. Heard Mr. Shikhar Bakhtiyar, learned counsel for the petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for respondent No. 1/State.
2. The present petition has been filed by the petitioners with the following prayers:
“A. That this Hon’ble Court may kindly quash and set aside the FIR No. 12 of 2023, dated 23.01.2023, for the offences under Section 4 of the Dowry Prohibition Act, 1961, registered with P.S. Mahila Thana, Durg, District Durg, Chhattisgarh, in the interest of justice. B. That, the Hon’ble Court may kindly be pleased to quash the entire charge-sheet for the offences under Section 4 of the Dowry Prohibition Act, 1961, filed against the petitioners on dated 17.05.2023 before the Judicial Magistrate First Class, Durg, District Durg, Chhattisgarh, Criminal Case No. 6450 of 2023 in the interest of justice. C. That any other relief Hon’ble Court deems fit may also be granted.”
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3. From perusal of the prayer and pleadings made in the present petition, it transpires that admittedly, charge-sheet has been submitted against the petitioners and the cognizance of the offence has been taken by the learned trial Court and the petitioners has prayed for quashing of the charge-sheet and the proceedings pending before the trial Court, but, in the opinion of this Court, the prayer is defective one as the petitioners have not prayed for quashing of the FIR and order taking cognizance of the offences by the trial Court which goes to show that the prayer drafted by learned counsel for the petitioners is in a very casual manner, to which
learned counsel for the petitioners seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition with proper prayer.
4. Learned State counsel has no objection.
5. In view of the submission made by the learned counsel for the petitioners, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 2,000/- as cost by the petitioners before the Registry of this Court and submit a receipt of the same at the time of filing of the fresh petition, if any, and the amount so deposited, if any, shall be transmitted to the Government Special School for Visual & Hearing Impaired, Bilaspur.
6. Certified copy of the FIR, charge-sheet and other documents may be returned back to the petitioners after retaining a photocopy of the same. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan