1 2025:CGHC:14426-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1082 of 2025 1 - Abhishek Bagchi S/o Late Hitendra Nath Bagchi Aged About 29 Years R/o Flat No. 1210, Unit 2 Vridda Nagar, Dr. Ambedkar Marg Nagpur, District Nagpur, Maharashtra 2 - Smt. Anju Baghchi W/o Late Hitendra Nath Bagchi Aged About 77 Years R/o Flat No. 1210, Unit 2 Vridda Nagar, Dr. Ambedkar Marg Nagpur, District Nagpur, Maharashtra 3 - Smt. Trishna Banerjee, W/o Jaydeep Banerjee Aged About 44 Years R/o Fa-401, Dolphin Empress, Vidhan Sabha Road, Mowa Raipur, District- Raipur (C.G.) 4 - Sonali Bagchi D/o Tapendra Bagchi Aged About 31 Years R/o Flat No. 1210, Unit 2 Vridda Nagar, Dr. Ambedkar Marg Nagpur, District Nagpur, Maharashtra 5 - Smt. Pronoti Bagchi W/o Tapendra Nath Bagchi Aged About 64 Years R/o Flat No. 1210, Unit 2 Vridda Nagar, Dr. Ambedkar Marg Nagpur, District Nagpur, Maharashtra 6 - Himang Bhattacharya S/o Himagri Bhattacharya Aged About 52 Years R/o Flat No. 1210, Unit 2 Vridda Nagar, Dr. Ambedkar Marg Nagpur, District Nagpur, Maharashtra 7 - Shirish Bagchi S/o Late Dr. S.D. Baghchi Aged About 34 Years R/o Flat No. 1210, Unit 2 Vridda Nagar, Dr. Ambedkar Marg Nagpur, District Nagpur, Maharashtra ... Petitioner(s) versus MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.26 18:02:53 +0530 2 1 - State Of Chhattisgarh Through Station House Officer, Ps Mahila Thana, District Durg, Chhattisgarh 2 - Aprajita Bagchi W/o Abhishek Bagchi, Aged About 33 Years R/o B 1/2 Green Bital Residency, Dipaknagar Durg, P.S. - Mohan Nagar Durg, District Durg, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Pankaj Singh, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer and Mr. Vikash K. Pandey, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 26.03.2025 1. Heard Mr. Pankaj Singh, learned counsel for the petitioners, Mr. Mr. Nitansh Jaiswal, learned Panel Lawyer for the State/respondent No. 1 as well as Mr. Vikash K. Pandey, learned counsel for the respondent No. 2. 2. By this petition under Section 528 of the BNSS, the petitioners have prayed for the following relief(s): “1. Quash the order dated 11.07.2024, taking cognizance of the chargesheet filed by Respondent No. 1 in Final Report No. 27/2024 arising from FIR No. 0025/2023, registered at Police Station Mahila Thana, District Durg, Chhattisgarh, under Sections 498-A and 34 of IPC, along with all consequential proceedings 3 pending before the learned Judicial Magistrate (Class 1), Durg, Chhattisgarh, qua the Petitioners. 2. Quash the chargesheet filed by Respondent No. 1 in Final Report No. 27/2024, dated 20.05.2024, arising out of FIR No. 0025/2023, registered at Police Station Mahila Thana, District Durg, Chhattisgarh, under Sections 498-A and 34 of the IPC, which is currently pending as Criminal Case No. [RCC/13328/2024] before the Learned Judicial Magistrate (Class I), Durg, Chhattisgarh. 3. Pass any other order(s) deemed just and proper in the interest of justice..” 3. The facts, in brief, as projected by the petitioners is that respondent No. 2, Smt. Aparajita Bagchi, married Abhishek Bagchi, Petitioner No.1 on 28/02/2021. After an initial period of harmony, she was allegedly subjected to physical and mental harassment by her husband (petitioner no. 1) and in-laws (petitioner no. 2 to 7) over various issues, including her appearance and dowry. A complaint was filed at Mahila Thana sector 06, Bhilai, leading to counseling attempts, which failed, and a criminal case was registered under criminal case no. 13328/2024. Thereafter, the charge-sheet was filed against the Petitioners. As on day, the trial is pending in the learned Court of Judicial Magistrate (Class I), Durg, District Durg wherein, though charges have been framed, no witness has been examined yet. In the course of time, the petitioner no. 1 filed an application under 4 Section 13-B of the Hindu Marriage Act, 1955 before Principal Judge, Family Court, Durg, District- Durg (C.G.), seeking divorce by mutual consent. In furtherance of this, Petitioner no. 1 and Respondent no. 2 signed a mutual understanding deed dated 05.01.2025. On the basis of the above-mentioned deed, Petitioners and Respondent No. 2/Complainant came to realize the futility of the allegations and chose to amicably compromise and bury the hatchet against each-other which has led to the filing of the present petition. Need to highlight at this juncture that the said compromise/mutual agreement has been achieved between the parties out of their own will and volition, uninfluenced by extraneous consideration whatsoever that may be. 4. Learned counsel for the petitioners submits that the dispute between petitioner No.1 and respondent No.2 has been amicably settled subject to fulfillment of terms and conditions of the compromise entered between the parties outside of the Court which finds place in page No. 78 of the petition i.e. deed of mutual understanding filed on 15.01.2025. 5. Learned counsel for respondents No. 2 supports the submissions made be learned counsel for the petitioners. 6. Considering the settlement which has been arrived at between the parties as has been mentioned in page No. 78 of the petition i.e. deed of mutual understanding filed on 15.01.2025, criminal proceedings pending before the learned Judicial Magistrate (Class I), Durg, Chhattisgarh in Criminal Case No. RCC/13328/2024 5 arising out of the FIR bearing No.0025/2023, registered at Police Station, Mahila Thana, District- Durg (C.G.) and the entire charge sheet filed by the police under Sections 498-A and 34 of the IPC are hereby quashed, subject to fulfillment of terms and conditions as mentioned in page No. 78 of the petition i.e. deed of mutual understanding filed on 15.01.2025. 7. The CRMP is allowed to the extent indicated hereinabove. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet