1 2025:CGHC:15386-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1157 of 2025 1 - Lomash Kumar Verma @ Lomesh Verma S/o Rameshwar Verma Aged About 31 Years R/o Kedarbadi, Gali No. 4, Chaman Ward, Dongargarh, Disrict Rajnandgaon Chhattisgarh. 2 - Rameshwar Verma S/o Gariba Verma Aged About 65 Years R/o Kedarbadi, Gali No. 4 Chaman Ward, Dongargarh, District Rajnandgaon Chhattisgarh. 3 - Vishnu Verma S/o Gariba Verma Aged About 50 Years R/o Village Ghogedabri, Police Station Thelkadih, District Khairagarh Chhuikhadan Gandai Chhattisgarh. 4 - Savitri Verma W/o Deepak Verma Aged About 36 Years Village Hadua, Police Station Ghumka, District Rajnandgaon, Chhattisgarh. 5 - Kamini Verma D/o Rameshwar Verma Aged About 26 Years R/o Village Dewada, Police Station Dhamdha, District Durg, Chhattisgarh. ... Petitioners versus 1 - State of Chhattisgarh Through The S.H.O., Police Station Thelkadih, District K.C.G. Chhattisgarh. 2 - Smt. Hemlata Verma W/o Lomesh Kumar Verma Aged About 28 Years Presently R/o Village Dhaurabhata, Police Station Thelkadih, District Khairagarh - Chhuikhadan Gandai, Chhattisgarh. ---- Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Siddharth Pandey, Advocate For Respondent-State : Mr. Nitansh Jaiswal, Panel Lawyer ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.04.02 17:10:34 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 02.04.2025 1. Heard Mr. Siddharth Pandey, learned counsel for the petitioners. Also heard Mr. Nitansh Jaiswal, learned Panel Lawyer, appearing for the State/respondent No.1. 2. The petitioners have filed the instant petition with the following prayer: “i. First Information Report (FIR) bearing No.228/2024 registered at Police Station Thelkadih, District Khairagarh-Chhuikhadan- Gandai, Chhattisgarh; ii. The consequential charge sheet bearing No. 201/2024 dated 19.12.2024, arising out of the aforesaid FIR, filed for the alleged commission of offences punishable under Sections 85 and 82(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023; iii. The order dated 12.02.2025 passed by the learned Judicial Magistrate First Class, Khairagarh, Civil District Rajnandgaon, 3 Chhattisgarh, taking cognizance of the aforementioned charge sheet, along with all consequential orders arising therefrom; iv. The order dated 12.02.2025 passed by the learned Judicial Magistrate First Class, Khairagarh, Civil District Rajnandgaon, Chhattisgarh, framing charges against the petitioners; v. The order dated 03.03.2025 passed by the learned Judicial Magistrate First Class, Khairagarh, Civil District Rajnandgaon, Chhattisgarh, whereby the application filed under Sections 359(8) and 359(9) of the Bharatiya Nagarik Suraksha Sanhita was rejected; vi. The entire proceedings of Criminal Case No. 2948/2024 titled 'State of Chhattisgarh vs. Lomash Verma and Others', pending before the Court of the learned Judicial Magistrate First Class, Khairagarh, Civil District Rajnandgaon, Chhattisgarh.” 3. Brief facts necessary for disposal of the case, are that, an First Information Report (‘FIR’) was registered against the petitioners on 07.11.2024, pursuant to the written complaint dated 4 21.08.2024 lodged by respondent No.2/complainant before the Station House Officer, Police Station Thelkadih, District Khairagarh-Chhuikhadan-Gandai, Chhattisgarh alleging that she was married to petitioner No.1/Lomash Kumar Verma, on 30.04.2024 at Village Ghoghedabri according to Hindu rites and rituals. After solemnization of the marriage, complainant went to reside at her matrimonial home situated at Village Ghoghedabri (Chichola), Khairagarh, District Rajnandgaon, Chhattisgarh. It is further alleged that from the very inception of the matrimonial life, the complainant was subjected to physical and mental cruelty by petitioner No. 1/husband. Subsequently, on 05.05.2024, petitioner No.1 took the complainant to Kedarbadi, Dongargarh and petitioner No.1 would frequently remain out of the house during the night. The complainant disclosed these facts to petitioner No.2/father of petitioner No.1, who attempted to counsel his son; however, no change in behavior ensued. On being questioned, petitioner No.1 merely stated that he was under mental stress. The complainant further alleged that her husband stated that he had entered into the marriage under compulsion and also expressed dissatisfaction over the inadequacy of household articles brought by her. She further alleged that petitioner No.1 asked her either to end her life or to seek a divorce. After two months of the marriage, the complainant disclosed the entire situation to her parental family. On 12.06.2024, a joint meeting of both families was convened, during which petitioner No.1 stated 5 that he was stressed due to financial burdens relating to the purchase of a car and a house. Despite the said meeting, there was no improvement in the conduct and behavior of petitioner No.1. Subsequently, the complainant left her matrimonial home and returned to her parental residence. She alleged that petitioner No.1 made no efforts to bring her back. Upon inquiry, petitioner No.1 admitted to having a love affair with one Kamleshwari Sahu. Later, Kamleshwari Sahu met the complainant and informed her that she was already married to petitioner No.1 on 19.09.2020. The complainant also came to know that petitioner No.1 had earlier been in a relationship with one Seema Badgaiya for a period of two years and, despite an engagement with her, failed to fulfill his promise of marriage. It is further alleged that during the last family meeting held on 18.08.2024 at Village Dhaurabhatha, Petitioner No.1 admitted to his prior marriage with Kamleshwari Sahu and petitioner No.1 contracted a second marriage with the complainant during the subsistence of his earlier marriage with Kamleshwari Sahu, amounting to bigamy. 4. Thereafter, on 07.11.2024 based on the written complaint of respondent No.2/complainant, an FIR bearing No.228/2024 was registered at Police Station Thelkadih, District Khairagarh- Chhuikhadan-Gandai, Chhattisgarh for the commission of offences punishable under Sections 85 and 82(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”) against the petitioners. The wheels of investigation began to run and the 6 Police conducted the investigation, recorded the statement of the witnesses and after completion of it, the charge sheet bearing No.201/2024 dated 19.12.2024 was filed before the jurisdictional Magistrate for the commission of offences punishable under Sections 85 and 82(2) read with 3(5) of the BNS, 2023 against the petitioners. The learned Judicial Magistrate First Class Khairagarh, Civil District Rajnandgaon, took cognizance of the offence vide order dated 12.02.2025 and proceeded for trial and on the same date i.e. on 12.02.2025, the learned trial Court framed charges against the accused/petitioners for the offence punishable under Sections 85 and 82(2) read with 3(5) of the BNS, 2023 and fixed the matter for evidence on 27.02.2025. Thereafter, the matter was referred to mediation since the parties expressed their desire to settle the dispute through mediation and the parties appeared before the mediation centre on 13.02.2025. The mediation was successful and the husband/petitioner No.1 has paid Rs.12,00,000/- (rupees twelve lakhs) as a lump sum towards the final settlement. It was further agreed that the complainant/respondent No.2 shall withdraw the criminal case pending before the learned trial Court and the parties shall also seek divorce. It was further agreed that the parties shall file a compromise application before the learned trial Court and also seek an appropriate remedy before the High Court for quashing the FIR in question since the offences are not compoundable and thereafter on 03.03.2025, the parties filed an application before 7 the learned trial Court for composition of the offences charged stating that the matter has already been settled and prayed for disposal of the matter, but vide order dated 03.03.2025, the learned trial Court rejected the aforesaid application on the ground that the offences i.e. Sections 85 and 82(2) read with 3(5) of the BNS, 2023 are not compoundable in nature and fixed the matter for 03.04.2025. 5. Learned counsel for the petitioner submits that the matter was referred to the mediation centre of the trial Court and the mediation was successful and the husband/petitioner No.1 has paid Rs.12,00,000/- (rupees twelve lakhs) as a lump sum towards the final settlement/permanent alimony to the wife/respondent No.2. He further submits that the parties have filed an application for compounding the offence before the trial Court, but the learned trial Court has rejected the said application vide order dated 03.03.2025 on the ground that the offences i.e. Sections 85 and 82(2) read with 3(5) of the BNS, 2023 are not compoundable in nature. It has been contended that in the present case also, petitioner No.1/husband and respondent No.2/wife have entered into a settlement and on that basis, they are seeking to quash the FIR bearing No.228/2024 registered at Police Station Thelkadih, District Khairagarh-Chhuikhadan-Gandai, Chhattisgarh; consequential charge sheet bearing No. 201/2024 dated 19.12.2024, arising out of the aforesaid FIR, filed for the alleged commission of offences punishable under Sections 85 and 82(2) 8 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023; the order dated 12.02.2025 passed by the learned Judicial Magistrate First Class, Khairagarh, Civil District Rajnandgaon, Chhattisgarh, taking cognizance of the aforementioned charge sheet, along with all consequential orders arising therefrom; order dated 12.02.2025 passed by the learned Judicial Magistrate First Class, Khairagarh, Civil District Rajnandgaon, Chhattisgarh, framing charges against the petitioners; the order dated 03.03.2025 passed by the learned Judicial Magistrate First Class, Khairagarh, Civil District Rajnandgaon, Chhattisgarh, whereby the application filed under Sections 359(8) and 359(9) of the Bharatiya Nagarik Suraksha Sanhita was rejected as well as entire proceedings of Criminal Case No. 2948/2024 titled 'State of Chhattisgarh vs. Lomash Verma and Others', pending before the Court of the learned Judicial Magistrate First Class, Khairagarh, Civil District Rajnandgaon, Chhattisgarh. 6. On the other hand, learned State counsel concurs the submissions advanced by learned counsel for the petitioner that the parties have entered into a settlement before the Mediation Centre of the Sessions Court vide order dated 13.02.2025 and the husband/petitioner No.1 has paid Rs.12,00,000/- (rupees twelve lakhs) towards the final settlement/permanent alimony. 7. We have heard learned counsel for the parties and perused the documents appended with this petition. 9 8. Considering the matter in its entirety as well as further considering the submissions on behalf of the parties as also the fact that settlement took place between the parties, the ultimate result of the case is seemingly obvious and therefore allowing the trial to proceed further would be nothing but a futile exercise. Accordingly, we hereby quash the FIR bearing No.228/2024 registered at Police Station Thelkadih, District Khairagarh- Chhuikhadan-Gandai, Chhattisgarh; consequential charge sheet bearing No. 201/2024 dated 19.12.2024, arising out of the aforesaid FIR, filed for the alleged commission of offences punishable under Sections 85 and 82(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023; the order dated 12.02.2025 passed by the learned Judicial Magistrate First Class, Khairagarh, Civil District Rajnandgaon, Chhattisgarh, taking cognizance of the aforementioned charge sheet, along with all consequential orders arising therefrom; order dated 12.02.2025 passed by the learned Judicial Magistrate First Class, Khairagarh, Civil District Rajnandgaon, Chhattisgarh, framing charges against the petitioners; the order dated 03.03.2025 passed by the learned Judicial Magistrate First Class, Khairagarh, Civil District Rajnandgaon, Chhattisgarh, whereby the application filed under Sections 359(8) and 359(9) of the Bharatiya Nagarik Suraksha Sanhita was rejected as well as entire proceedings of Criminal Case No. 2948/2024 titled 'State of Chhattisgarh vs. Lomash Verma and Others', pending before the Court of the learned 10 Judicial Magistrate First Class, Khairagarh, Civil District Rajnandgaon, Chhattisgarh. It is made clear that all the subsequent proceedings originated from the said FIR, shall also stand set aside. 9. Accordingly, the petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is allowed to the extent indicated hereinabove. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Anu