Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:28376-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1032 of 2023 1 - Ashish Tiwari S/o Late Hausila Prasad Tiwari Aged About 34 Years R/o Village - Loniyapur, Pandri, P.S. Gauriganj, District Amethi, Uttar Pradesh 2 - Smt. Krishna Tiwari W/o Late Hausila Prasad Tiwari Aged About 57 Years R/o Village - Loniyapur, Pandri, P.S. Gauriganj, District Amethi, Uttar Pradesh 3 - Rajeev Tiwari @ Ajay S/o Late Hausila Prasad Tiwari Aged About 36 Years R/o Village - Loniyapur, Pandri, P.S. Gauriganj, District Amethi, Uttar Pradesh 4 - Smt. Sarla W/o Shri Rajeev Tiwari@ Ajay Aged About 32 Years R/o Village - Loniyapur, Pandri, P.S. Gauriganj, District Amethi, Uttar Pradesh 5 - Pratibha @ Dhanne W/o Shri Anand Shukla Aged About 30 Years R/o Village - Pure Bene Ram Ka Purwa, Bhetuwa, District Amethi, Uttar Pradesh 6 - Anand Shukla @ Anand S/o Shri Sadashiv Aged About 30 Years R/o Village - Pure Bene Ram Ka Purwa, Bhetuwa, District Amethi, Uttar Pradesh
... Petitioners versus 1 - State of Chhattisgarh Through Station House Officer, Police Station - Nagarnar, District : Bastar(Jagdalpur), Chhattisgarh 2 - State of Uttar Pradesh Through Station House Officer, Police Station - Gauriganj, District Amethi, Uttar Pradesh ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.06.28 11:36:40 +0530
2 3 - Deepranjan Pandey S/o Late Ramgopal Pandey Aged About 27 Years R/o Village - Mangal Pandey Ka Purwa, Majre - Paniyar, Munshiganj, District Amethi, Uttar Pradesh
... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Aditya Tiwari, Advocate (through VC) For Respondent No.1 : Mr. Soumya Rai, Panel Lawyer For Respondent No.2 : Mr. Arjit Tiwari, Advocate Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru,
Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
27 .06.2025
1. Heard Mr. Aditya Tiwari, learned counsel for the petitioners through Video Conferencing as well as Mr. Soumya Rai, learned Panel Lawyer, appearing on behalf of respondent No.1 and Mr. Arjit Tiwari, learned counsel appearing for respondent No.3.
2. The present petition has been filed by the petitioner with the following relief(s):-
“It is, therefore, most respectfully prayed that this Hon’ble Court in exercise of its inherent powers under Section 482 of Cr.P.C. may kindly be pleased to allow this petition and quash the impugned First Information Report bearing Case Crime No.161 of 2020 registered at Police Station Nagarnar, District Bastar, Chhattisgarh arising out of Zero F.I.R.
3 No.0033 of 2020 registered at Police Station Gauriganj, District Amethi, Uttar Pradesh, under Sections 498-A, 304-B of IPC & 3 / 4 of Dowry Prohibition Act, 1961 (Annexure P/1)”
3.
Learned counsel for the petitioner submits that the matter has been compromised between the petitioner and the complainant in connection with the FIR bearing Crime No.0033/2022 registered at Police Station Gauriganj, District Amethi (U.P.), where the incident had taken place and thereafter, the same was transferred to the Police Station Nagarnar, District Bastar (U.P.). He further submits that on the basis of the compromise entered into between the parties, the present FIR be quashed. It has been contended that the statements of the witnesses have already been recorded before the Investigating Officer. 4. On the other hand, learned counsel opposes the submissions advanced by learned counsel for the petitioner. 5. We have heard learned counsel appearing for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, particularly considering that the offence which has been registered against the petitioner is the case of dowry death, as such, we direct the concerned Superintendent of Police / Senior Superintendent of Police to ensure that the investigation of the present case be
4 concluded after considering the postmortem report of the deceased as well as other materials available on record and further observing that any compromise had taken place between the parties, expeditiously preferably within a period of 6 weeks from the date of receipt of certified copy of this order, if already not concluded and submit a Police Report under Section 173(2) of the Cr.P.C. (now under Section 193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023) before the competent Court in accordance with law. Till then, no coercive steps shall be taken against the petitioners as ordered by this Court on 12.05.2023. 7. At this juncture, it has been stated by the learned counsel for the petitioners that petitioner No.1 is the husband of the deceased whereas the other petitioners are family members of petitioner No.1 and in-laws of the deceased and their presence may not be required by the Investigating Officer and the petitioner No.1 will co-operate with the investigation. 8. In view of the above submission of learned counsel for the petitioners, the petitioner No.1 is directed to co-operate with the investigation and insofar as the presence of petitioners No.2 to 6 are concerned, they may co-operate with the investigation by appearing through video conferencing. 9.
Learned State counsel is directed to furnish a copy of this order to the concerned Superintendent of Police / Senior Superintendent of Police for necessary information and compliance forthwith. 5
10. With the aforementioned observations/directions, instant petition is disposed of. Sd/- Sd/-
(Bibhu Datta Guru)
(Ramesh Sinha)
Judge Chief Justice Anu