SMT. ARATI @ VARSHA CHOUBEY v. STATE OF CHHATTISGARH
CRMP/1014/2023 · 2025-01-06
Shri Ravindra Kumar Agrawal
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 15241 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15241 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:621
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1014 of 2023 Smt. Arati @ Varsha Choubey D/o Umakant Aged About 24 Years W/o Yogesh Kumar Choubey Caste Bramhan Occupation-Housewife Resident Of Village Takhatpur (Near Tahsil Office), Police Station And Tahsil Takhatpur, District : Bilaspur, Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - Superintendent Of Police Bilaspur, District Bilaspur (CG) 3 - Station House Officer Police Station Chakrabhatha, District Bilaspur (CG) 4 - Yogesh Choubey S/o Shri Pramod Choubey Aged About 29 Years 5 - Kavita Choubey W/o Pramod Choubey Aged About 60 Years 6 - Pramod Kumar Choubey S/o Vishnu Prasad Choubey Aged About 64 Years 7 - Yogendra Choubey S/o Pramod Choubey Aged About 33 Years 8 - Kusumlata Pandey W/o Shiv Prasad Pandey Aged About 35 Years Respondents No.4 to 8 are resident of Chakarbhatha Basti, District : Bilaspur, Chhattisgarh
... Respondents BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.01.06 17:47:28 +0530
2 For Petitioner(s) : Mr.Sanjay Kumar Yadav, Advocate For Respondents No.1 to 3/State For Respondents No.4 to 8 : : Mr.Malay Jain, Panel Lawyer Mr.Ritish Giri, Advocate Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Ravindra Kumar Agrawal
, Judge
Order on Board Per
Ramesh Sinha
, Chief Justice
06/01/2025
1. Heard Mr.Sanjay Kumar Yadav, learned counsel for the petitioner. Also heard Mr.Malay Jain, learned Panel Lawyer appearing for respondents No.1 to 3/State and Mr.Ritish Giri, learned counsel appearing for respondents No.4 to 8. 2. The petitioner has filed this under Section 482 CrPC with following prayer:-
“It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to allow this petition and quash FIR No.69/2018 by the police station Bilha, District Bilaspur, Framed charge and criminal Proceeding pending before the learned Judicial Magistrate First Class Bilha, District Bilaspur Chhattisgarh in Criminal Case No.1105/2018 against the petitioner, in the interest of justice.”
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3.
The present petition is filed by the complainant who has lodged the FIR against respondents No.4 to 8 for offence under Sections 498A, 506 and 323/34 of the IPC and it is stated that the matter was compromised between the petitioner and respondent No.4 and in pursuance of the order of the learned Single Judge, the statements of the complainant as well as the accused have been recorded by the Additional Registrar (Judicial) and the fact of compromise has been admitted by the petitioner as well as by respondents No.4 to 8. 4. As the matter was taken cognizance by learned Single Judge in the present petition at the instance of the complainant and the matter has been compromised between the parties, we quash the proceedings of Criminal Case No.1105/2018 pending before the Judicial Magistrate First Class, Bilha arising out of Crime No.69/2018 registered at Police Station Chakarbhatha against respondents No.4 to 8 for offence under Sections 498A, 506 and 323/34 of the IPC, but the present petition on behalf of the petitioner, who is complainant, cannot be treated as a precedent for entertaining a petition for quashing on behalf of the complainant / aggrieved person. 5. The petition is allowed to the extent indicated hereinabove. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice Bablu