PARITOSH MISHRA ALIAS ABHISHEK MISHRA ALIAS BADRI MISHRA v. STATE OF CHHATTISGARH
CRMP/962/2023 · 2025-07-29
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17986 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17986 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:37214-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 962 of 2023 Paritosh Mishra Alias Abhishek Mishra Alias Badri Mishra S/o Late Brijesh Mishra Aged About 30 Years Resident Of 28, Shristhi Block Sector-2, Avanti Vihar, Raipur Police Station Khamardih, City Tahsil And District Raipur Chhattisgarh.
... Petitioner(s) versus
1. State of Chhattisgarh Through The Station House Officer, P.S. Mahila Thana, Raipur District Raipur, Chhattisgarh.
2. Xyz (Details Of Prosecutrix Is Kept In Sealed Envelope) Nill
... Respondent(s) For Petitioner : Mr. B.P. Sharma and Mr. Raza Ali, Advocates. For Respondent/State : Mr. Hariom Rai, Panel Lawyer. For Respondent No. 2 : Mr. Pushpendra Kumar Patel and Mr. Dashrath Kushwaha, Advocates. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
30 .07.2025
1. Heard Mr. B.P. Sharma and Mr. Raza Ali, learned counsel for the petitioner. Also heard Mr. Hariom Rai, learned Panel Lawyer, appearing BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.07.30 18:41:21 +0530
2 for respondent No. 1/State and Mr. Pushpendra Kumar Patel and Mr. Dashrath Kushwaha, learned counsel, appearing for respondent No. 2.
2. The present petition has been filed by the petitioner with the following prayer:
“It is, therefore, prayed that this Hon’ble Court may be pleased to exercise its inherent jurisdiction under Section 482 of the Cr.P.C. and in exercise thereof admit the petition, call for the records and after hearing the parties in the matter, quash FIR No. 29 of 2022 (Annexure P/1) registered by respondent No. 1 and also charge-sheet, if filed during pendency of this petition, in peculiar factual matrix of case and in interest of justice.”
3.
Learned counsel for the parties submit that the petitioner has also filed MCRCA No. 535 of 2023 before this Court, in which the learned Single Judge, vide order dated 09.05.2023, passed the following order:
“Mr. B. P. Sharma with Ms. Anuja Sharma,
Learned counsel for the applicant. Mr. Jitendra Shukla, Panel Lawyer for the respondent/State. Mr. Pushpendra Kumar Patel, Counsel for the complainant/objector. Shri B. P. Sharma, learned counsel for the applicant submits that applicant has already been
3 granted interim protection by this Court vide order dated 04.05.2023 passed in CRMP No.962/2023. However, looking to nature of dispute that exists between the applicant and complainant, there is hope of settlement between the parties and for the same, effective mediation is required. Learned counsel complainant did not oppose the aforesaid submission and has consented for the same. Mr. R. S. Marhas, Adv. who is a qualified mediator and is present before this Court, on request, is ready to mediate between the parties today at 4:30 PM. In view of the above, the applicant and complainant are directed to remain present before the Mediation Centre of this High Court at 4:30 PM today for mediation proceeding, either personally or through Video Conferencing. List this case immediately after mediation report is received. It is also made clear that the mediation proceeding will be confidential in nature and discussion made therein shall not effect the Court proceedings.”
4. It is further submitted by the learned counsel for the parties that a settlement between the parties was arrived at on 19.05.2023 at the Mediation Centre of this Court. The terms of the settlement, which go to the root of the matter, are incorporated hereinbelow for ready reference:
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“Upon a detailed and elaborate discussion the parties have reached to the conclusions. Now, therefore, this settlement agreement is being executed on 19.05.2023 at Bilaspur on the following terms:-
1. Shri Paritosh Mishra an Miss Shivani have deeply apologized to each other for the hardships they face on account of their relationship a bad shape.
2. As Miss Shivani is aged only about 22 years and has the entire future before her, and though she wanted to marry Paritosh, but he and his relatives are not willing, therefore, Shivani does not wish to proceed with her report made in the aforesaid FIR and wishes to part ways and settle elsewhere.
3. That, this agreement is being entered into upon freewill of the parties without being influenced in any manner after having given a careful though and
consideration to all the aspects and attending circumstances.”
5. We have heard learned counsel for the parties and perused the prayers and pleadings made in the petition along with the annexures annexed in this petition.
6. From perusal of the settlement arrived at between the parties on 19.05.2023, it appears that the petitioner and respondent No. 2 have amicably settled their dispute and compromised the matter.
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7. Taking into consideration that the dispute between the parties has been amicably settled by way of compromise, this Court is of the view that no useful purpose would be served in proceeding any further against the petitioners in this matter.
8. In that view of the matter, the impugned FIR bearing Crime No. 29 of 2022 registered at Police Station Mahila Thana, District Raipur (C.G.) for the offences punishable under Sections 376 and 376(2) of the IPC and Sections 5(n) & 6 of the Protection of Children from Sexual Offences Act, 2012 against the petitioner is hereby quashed subject to the condition that the petitioners shall comply with the terms and conditions of the compromise arrived at between the parties.
9. Accordingly, the present petition is allowed to the extent indicated herein-above. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice Brijmohan