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2025 DAILYLAW 15389 (CHH)

DUSHYANT DAS v. STATE OF CHHATTISGARH

CRMP/1174/2025 · 2025-07-06

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:30884-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1174 of 2025 1 - Dushyant Das S/o Late Narendra Das Aged About 56 Years R/o Plot No. 44, Jain School Road, Vardhaman Nagar, Rajnandgaon, Tehsil And District- Rajnandgaon (C.G.) 2 - Archana Das W/o Dushyant Das Aged About 52 Years R/o Plot No. 44, Jain School Road, Vardhaman Nagar, Rajnandgaon, Tehsil And District- Rajnandgaon (C.G.) 3 - Digvijay Das S/o Dushyant Das Aged About 31 Years R/o Plot No. 44, Jain School Road, Vardhaman Nagar, Rajnandgaon, Tehsil And District- Rajnandgaon (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer Police Station- Kotwali District- Rajnandgaon, Chhattisgarh. 2 - Disha Das W/o Digvijay Das Aged About 31 Years R/o House No. 123, Baldev Bagh, Nearby Moti Talab, Rajnandgaon, Tehsil And District- Rajnandgaon, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr.Siddharth Shukla, Advocate For Respondent No.1/State For Respondent No.2 : : Mr.Shailendra Sharma, Panel Lawyer Mr.Gaurav Shinghal, Advocate BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.07.07 17:55:53 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 7.7.2025 1. Heard Mr. Siddharth Shukla, learned counsel for the petitioner. Also heard Mr. Shailendra Sharma, learned Panel Lawyer appearing for respondent No.1/State and Mr. Gaurav Shinghal, learned counsel appearing for respondent No.2. 2. The present petition has been filed by the petitioners with the following prayers: “i. Quash the Final Report dated 16th September 2024 filed by the Respondent No.1 against the Petitioners under Section 498A, Section 294, Section 323 & Section 34 of Indian Penal Code. ii. Quash the FIR No.452/2024 dated 23rd July 2024 registered at Police Station – Kotwali, District – Rajnandgaon against the Petitioners under Section 498A & Section 34 of Indian Penal Code. iii. Pass any other relief/ order or direction, as this Hon’ble Court deems fit and proper looking to the facts and circumstance of the case in the interest of justice.” 3. It has been argued by learned counsel for the petitioners that all 3 the disputes and differences of the parties have been amicably settled by them through the process of Mediation Centre, therefore, in view of the law laid down by the Apex Court in Manoj Sharma Vs. State, (2008) 16 SCC 1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012) 10 SCC 303, the impugned FIR be quashed. 4. Learned counsel appearing for respondent No.2 could not dispute the aforesaid facts. 5. From perusal of the mediation report dated 1.5.2025, it transpires that both the parties, i.e. petitioners and respondent No.2, have mutually agreed to resolve their disputes amicably, which is on record and the Registrar (S & A)-cum-In-Charge (Mediation) has also certified the said fact. 6. Keeping in mind the ratio laid down by the Apex Court in Manoj Sharma (supra), B.S. Joshi (supra) and Gian Singh (supra) and also taking into consideration that the dispute between the parties from which the impugned FIR has emanated has been amicably settled before the Mediation Centre of this Court on 1.5.2025 and the parties are ready to stay together for two months and seeks the possibility for amicable settlement with, this Court is of the view that no useful purpose would be served in proceeding any further against the petitioners in this matter. 7. In that view of the matter, the impugned FIR bearing No.452/2024 registered at Police Station Kotwali, Rajnandgaon dated 23.07.2024 is 4 hereby quashed subject to the condition that the petitioners shall comply with the terms and conditions of the settlement dated 1.5.2025 arrived at between the parties before the Mediation Centre of this Court. 8. The petition is allowed to the extent indicated hereinabove. Sd/- Sd/- Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu