1 2025:CGHC:16337-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1237 of 2025 1. Kashmir Kaur W/o Late Kashmira Singh Aged About 73 Years R/o House No. 133, Tata Kandra Road, Adityapur, Near Shani Mandir, Tisco Housing Society, Jamshedpur, District Saraikela, Kharsawa, Jharkhand. 2. Jagtaar Singh S/o Late Kashmira Singh Aged About 51 Years R/o House No. 133, Tata Kandra Road, Adityapur, Near Shani Mandir, Tisco Housing Society, Jamshedpur, District Saraikela, Kharsawa, Jharkhand. 3. Mandeep Kaur W/o Jagtaar Singh Aged About 38 Years R/o House No. 133, Tata Kandra Road, Adityapur, Near Shani Mandir, Tisco Housing Society, Jamshedpur, District Saraikela, Kharsawa, Jharkhand. 4. Mukhtar Singh S/o Late Kashmira Singh Aged About 44 Years R/o House No. 133, Tata Kandra Road, Adityapur, Near Shani Mandir, Tisco Housing Society, Jameshdpur, District Saraikela, Kharsawa, Jharkhand. ... Petitioner(s) versus 1. State of Chhattisgarh Through Department of Home, Atal Nagar, Indrawati Bhawan, Raipur. 2. State of Chhattisgarh Through The Station House OfÏcer Police Station Mahila Thana Durg (C.G.) 3. Smt. Jaswant Kaur W/o Avtar Singh Aged About 48 Years R/o House No. 133, Adityapur, Tisco Housing Society, Jamshedpur, District Saraikela, Kharsawa, Jharkhand. ...Respondent(s) BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.04.11 12:14:10 +0530 2 For Petitioners : Mr. Avinash Chand Sahu, Advocate. For Respondents/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 08.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. Heard Mr. Avinash Chand Sahu, learned counsel for the petitioners. Also heard Mr. Malay Jain, learned Panel Lawyer, appearing for respondents No. 1 & 2/State. 3. The present petition has been filed by the petitioners with the following prayer: “It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow the petition while quashing the FIR No. 31 of 2023 registered in Police Station; Mahila Thana, Durg and offence under Section 498-A, 34 of the IPC along with the complete charge-sheet and criminal proceedings pending in RCC/23020/2024 pending before the JMFC Durg, District Durg (C.G.), in the interest of justice.” 4. From perusal of the prayer and pleadings made in the present petition, it transpires that admittedly, charge-sheet has been submitted against the petitioners and the cognizance of the offence has been taken 3 by the learned trial Court and the petitioners has prayed for quashing of the FIR, charge-sheet and the proceedings pending before the trial Court, but, in the opinion of this Court, the prayer is defective one as the petitioners have not prayed for quashing of order taking cognizance of the offences by the trial Court which goes to show that the prayer drafted by learned counsel for the petitioners is in a very casual manner, to which learned counsel for the petitioners seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition with proper prayer. 5. Learned State counsel has no objection. 6. In view of the submission made by the learned counsel for the petitioners, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 2,000/- as cost by the petitioners in the Registry of this Court and submit a receipt of the same at the time of filing of the fresh petition, if any, and the amount so deposited, if any, shall be transmitted to the Government School for Visually & Hearing Impaired, Raipur. 7. Certified copy of the FIR, charge-sheet along with other documents may be returned back to the petitioners after retaining a photocopy of the same. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Brijmohan