1 2025:CGHC:6739-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 862 of 2021 1 - Vijay Nand S/o Eliot Nand Aged About 35 Years R/o Qr. No. A559, Yamuna Vihar Block 4, N.T.P.C. Jamnipali, Korba , District Korba Chhattisgarh., District : Korba, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home Affairs , Mantralaya , Mahanadi Bhawan, Atal Nagar, Naya Raipur , District Raipur Chhattisgarh. 2 - The State Women Commission Raipur Gayatri Bhawan 13, Jal Vihar Colony, Raipur District Raipur Chhattisgarh. 3 - The Superintendent Of Police Raipur District Raipur Chhattisgarh. 4 - The Inspector Incharge Police Station Civil Lines, Raipur District Raipur Chhattisgarh. 5 - The Superintendent Of Police Korba District Korba Chhattisgarh. 6 - The Inspector Incharge Police Station Darri, District Korba Chhattisgarh. 7 - The Sub Divisional Magistrate (R) Janjgir, District Janjgir Champa Chhattisgarh. 8 - Smt. Priyanka Nand W/o Vijay Nand Aged About 34 Years R/o Village Palsabadi, Post Khogsa, Tahsil Basna District Mahasamund Chhattisgarh. 9 - The Inspector Incharge Mahila Thana, Janjgir District Janjgir Champa Chhattisgarh. 10 - The Chairman State Human Rights Commission, Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) 2 For Petitioner(s) : Mr. Vikash Kumar Pandey, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 06.02.2025 1. The present criminal misc. petition has been filed by the petitioner for quashing of the FIR of Crime No. 240/2020 dated 12.11.2020 registered for the offence under Sections 294, 323, 506 and 34 of IPC at Police Station- Darri, Dist- Korba and also for quashing of the FIR No. 335/2021 registered at Police Station Civil Lines, Dist- Raipur for the offence under Sections 294 and 506 of IPC on 31.07.2021. 2. The brief facts of the case are that the present petitioner is the husband of the respondent No. 8 and their marriage has been solemnized in the year 2018 as per their rights and rituals and out of their wedlock, one daughter has been born. After some time, the dispute arose between the parties and they residing separately from each other. Since the daughter was with the petitioner, the respondent No. 1 had moved an application under Section 97 of the Cr.P.C. before the Sub Divisional Magistrate, Janjgir-Champa on 20.10.2020. The said application filed by the respondent No. 8 was decided by Sub Divisional Magistrate, Janjgir Champa vide order dated 29.10.2020 and the application of the respondent No. 8 was rejected and liberty was granted to the respondent No. 8 that she may avail remedy from the competent Court. She also made a complaint to Mahila Ayog, Raipur in which the petitioner as well as the respondent No. 8 were called on 31.07.2021 before the Mahila Ayog, Raipur for counseling. On the said 3 day, when they appeared there, in campus of Mahila Ayog at about 5 pm, the petitioner started abusing her and raised quarrel. For which she lodged a report at Police Station Civil Lines, Raipur on 31.07.2021 itself and the offence of Crime No. 335/2021 has been registered against the petitioner. It is also the case of the petitioner that when she was thrown out from the house of the petitioner after assaulting her, she made a report on 12.11.2020 at Police Station- Darri, Dist- Korba for which the offence of sections 294, 323, 506 and 34 of IPC has been registered against the petitioner and her in laws vide crime no. 240/2020. Both these FIRs have been challenged by the petitioner in the present petition. 3. It transpires from the record that no interim order has been passed in favour of the petitioner and both the FIRs have been registered in the year 2020 and 2021 respectively. 4. Learned counsel for the petitioner would submit that he is not in contact with the petitioner after filing of the present petition and he is unaware about the status of the case as to whether any charge-sheet has been filed or not or if it is filed whether any evidence has been recorded or not. 5. In view of the above, it appears that by the lapse of time, the petitioner has lost his interest in prosecuting the petition and further that after lapse of such long time we are not inclined to quash the FIR lodged by the complainant/ respondent No. 8. Further considering that from the perusal of the FIR, it appears that there is allegation against the petitioner with respect to the commission of offence which requires investigation and cannot be said to be vague or insufficient allegation 4 made in the FIR which warrants interference for quashing the same. 6. In view of the above the present criminal misc. petition is dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.02.25 10:52:52 +0530