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2025 DAILYLAW 16955 (CHH)

ANKIT GHIYA v. STATE OF CHHATTISGARH

CRMP/860/2020 · 2025-02-17

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:8122-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 860 of 2020 Ankit Ghiya S/o Sanjay Kumar Ghiya Aged About 22 Years R/o Ward No. 15, Main Road, Ambagarh Chowki, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Police Station Sarkanda , Bilaspur , District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Ku. Bharti Kaushik D/o Malikram Kaushik Aged About 21 Years R/o Village Jhalgaon , Police Station Bilha, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Petitioner : Mr. Punit Ruparel, Advocate For Respondent/State : Mr. Nitansh Kumar Jaiswal, Panel Lawyer Hon'ble S hri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, C.J. 17/02/2025 1. Present is a Criminal Miscellaneous Petition filed by the petitioner for Digitally signed by VEDPRAKASH DEWANGAN 2 quashing of the FIR of Crime No. 425 of 2020, registered at Police Station Sarkanda, District Bilaspur with the following prayer: “It is therefore prayed that this Hon'ble Court may kindly be pleased to stay the FIR registered in Crime No. 425/2020 in Police Station Sarkanda, District Bilaspur (C.G.) against the petitioner, till the finalization of the instant petition, in the interest of justice.” 2. The brief facts of the case are that on 02.05.2020, the victim/respondent No. 2 has lodged a report against the petitioner at Police Station Sarkanda, District Bilaspur with the allegation that she came to Bilaspur in the month of June 2019 in search of job with the help of the present petitioner. On 19.06.2019, he took her in a rented house of his friend and after forced drinking of beer, he committed rape upon her and prepared an obscene video of her. Thereafter, he used to make physical relation with her by threatening her that if she disclosed the incident to anyone, he would get the obscene video viral. His friend is also outraging her modesty on the basis of the said obscene video. In the month of February, she conceived pregnancy and forcefully administered the pills to get it aborted and thereafter he refused to marry her. The FIR of Crime No. 425 of 2020 has been registered against the petitioner and started investigation. 3. Learned counsel for the petitioner would submit that a false allegation has been levelled by the respondent No. 2/victim. The petitioner had made complaint to the police station Sarkanda on 16.03.2020 with respect to the fact that the victim is blackmailing him and demanded 3 money, for which he has already paid her Rs. 5 lakhs, but she again demanded more money. Therefore, the FIR has been lodged by the victim with oblique motive and the same is liable to be quashed. 4. On the other hand, learned counsel for the State, on verification from the e-Courts portal, would submit that in the present case the challenge is to the registration of the FIR, there is no interim order in favour of the petitioner, and from e-Courts portal, it reflects that the after investigation charge sheet has been filed, charges have been framed, the victim has been examined and the trial of the case is in progress. Therefore, the trial of the case is in advance stage and FIR cannot be quashed at this stage. 5. We have heard learned counsel for the parties and perused the material annexed with the petition. 6. Considering the facts and circumstances of the case, the allegation leveled in the FIR by the victim, the victim has been examined before the learned trial Court and the trial is in progress, we are not inclined to interfere in the case at this advance stage of trial. Consequently, the present Criminal Miscellaneous Petition is dismissed. However, considering the fact that the case is pending since 2020, the learned trial Court is directed to expedite the trial, if already not concluded. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved