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2025 DAILYLAW 13540 (CHH)

GAGANDEEP SINGH CHHABDA v. STATE OF CHHATTISGARH

CRMP/990/2025 · 2025-03-19

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:12955-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 990 of 2025 1 - Gagandeep Singh Chhabda S/o Harpal Singh Chhabda Aged About 29 Years R/o Ward No. 12, Station Road Dongargarh, Tehsil - Dongargarh, District- Rajnandgaon (C.G.) 2 - Harpal Singh Chhabda S/o Harbans Singh Aged About 54 Years R/o Ward No. 12, Station Road Dongargarh, Tehsil - Dongargarh, District- Rajnandgaon (C.G.) 3 - Smt. Sandeep Kaur Chhabda W/o Harpal Singh Chhabda Aged About 50 Years R/o Ward No. 12, Station Road Dongargarh, Tehsil - Dongargarh, District- Rajnandgaon (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through- P.S. Mahila Thana, Sector- 6, Bhilai, District- Durg (C.G.) 2 - Smt. Maneet Kaur D/o Sardar Gurinder Singh Saini Aged About 28 Years R/o 1/4, Nehru Nagar (West), Bhilai, P.S. Supela, District- Durg (C.G.) ... Respondent(s) For Petitioners : Ms. Aditi Singhvi, Advocate For Respondent No.1 : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon’ble Shri Justice Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, CJ ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.03.19 18:07:14 +0530 2 19/03/2025 1. Heard Ms. Aditi Singhvi, learned counsel for the petitioners. Also heard Mr. Malay Jain, learned Panel Lawyer appearing for respondent No.1/ State and perused the impugned FIR. 2. The petitioners have filed present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with following prayers:- “A. That, this Hon'ble Court may kindly be pleased quash the FIR bearing crime no. 5/2025 registered at P.S. Mahila Thana, Sector-6, Bhilai, District Durg (C.G.) dated 17.1.2025 under Section 498-A and 34 of Indian Penal Code, 1860. B. This Hon'ble Court may kindly be pleased to grant any other relief(s)/ order(s)/ in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and\ circumstances of the case, including awarding of the costs to the petitioners.” 3. Learned counsel for the petitioners submitted that the petitioner No.1 is the husband of the complainant / respondent No.2, petitioner No.2 is the father-in-law and petitioner No.3 is the mother-in-law of the complainant. The complainant and petitioner No.1 got married on 13.12.2023 and from the next day itself the petitioners started harassing the complainant mentally and physically in the name of dowry. The complainant is being tortured both mentally and physically. The petitioner No.1 used to misbehave with the applicant and taunt her in respect of her color and body. On 10.02.2024 the complainant 3 got severally injured by the rash and negligent driving of petitioner No.1, on 09.03.2024 the complainant left her matrimonial house and went back to her paternal house. Thereafter, the impugned FIR bearing Crime No. 5 of 2025 has been registered at the instance of the complainant at Police Station Mahila Thana, District Durg on 17.01.2025 under Section 498-A and 34 of IPC. The petitioner Nos. 2 and 3 have obtained anticipatory bail from the learned trial Court vide order dated 01.02.2025 and the petitioner No.1 has filed an anticipatory bail application before this Court after his bail got rejected by the learned trial Court on 05.02.2025. 4. Ms. Singhai further submitted that while hearing the petitioner No.1’s bail application bearing MCRCA No. 246 of 2025, on 19.02.2025, the matter was referred to the Mediation Centre of this Court being matrimonial in nature. On 06.03.2025, the proceedings took place before the Mediation Centre and the mediation was successful and it has been settled among the parties that they will return back the articles which is in their possession to the respective owner and the articles have also been returned by the petitioners to the complainant. The parties have also filed an application under Section 13B of Hindu Marriage Act, 1955 before the concerned Court, which was allowed by the Court of District Judge, Dongargarh, District Rajnandgaon vide order dated 10.03.2025 (copy of same has been filed along with covering memo dated 4 12.03.2025) and the marriage between the petitioner No.1 and complainant was dissolved by a decree of divorce. She contended that as per the terms and conditions laid down in the settlement agreement dated 06.03.2025 it has been specifically decided by the parties in clause B(4) that with regard to Crime No. 5/2025 registered at P.S. Mahila Thana, Sector-6, Bhilai, District Durg (C.G.) lodged by the complainant under Section 498A/34 of Indian Penal Code, 1860, it is agreed by both the parties that they shall co-operate with each other in filing application for quashing of FIR. The charge sheet has not been filed in the instant matter. 5. We have heard learned counsel for the parties and perused the impugned FIR, report of the Mediation Centre of this Court dated 03.03.2025 as well as order dated 10.03.2025 passed by the District Judge in an application under Section 13B of Hindu Marriage Act, 1955. 6. Considering the aforesaid facts and circumstances of the case, we deem it appropriate not to issue notice to the complainant / private respondent No.2. 7. Considering the compromise which has been arrived at between the parties vide agreement dated 06.03.2025, particularly, clause B(4), whereby it has been agreed by both the parties that they shall co-operate with each other in filing application for quashing of impugned FIR, the impugned FIR bearing Crime No. 5/2025 registered at P.S. Mahila Thana, 5 Sector-6, Bhilai, District Durg (C.G.) lodged by the complainant under Section 498A/34 of IPC is hereby quashed, subject to fulfillment of terms and conditions as mentioned in the agreement dated 06.03.2025. 8. The CRMP is allowed to the extent indicated hereinabove. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra