Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:46165-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1048 of 2022
1. Omkar Shah S/o Premsagar Saha Aged About 34 Years R/o Shubh Kalash Complex Cooperative Housing Society B Wing 302, Plot No. 12 Sector 35, Kamothe District Raigarh Navi Mumbai, Maharashtra.
2. Premsagar Shah S/o Jagdish Prasad Shah Aged About 59 Years R/o Shubh Kalash Complex Cooperative Housing Society B-Wing 302 , Plot No. 12 Sector 35, Kamothe District Raigarh Navi Mumbai, Maharashtra
3. Shushila Shah W/o Premsagar Shah Aged About 55 Years R/o Shubh Kalash Complex Cooperative Housing Society B-Wing 302, Plot No. 12 Sector 35, Kamothe District Raigarh Navi Mumbai, Maharashtra
4. Shirish Baniya S/o Hariam Baniya Aged About 40 Years R/o Shubh Kalash Complex Cooperative Housing Society B-Wing 302, Plot No. 12 Sector 35, Kamothe District Raigarh Navi Mumbai, Maharashtra
... Petitioner(s) versus
1. State of Chhattisgarh Through Station House Officer, Police Station - Kotwali, Rajnandgaon, District- Rajnandgaon Chhattisgarh BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.09.10 19:15:21 +0530
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2. Smt. Nivedita Shah W/o Omkar Shah Aged About 35 Years R/o Halwai Line Ward No. 25, Rajnandgaon District - Rajnandgaon Chhattisgarh
...Respondent(s) For Petitioners : Mr. Ashish Gangwani, Advocate. For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer. For Respondent No. 2 : Mr. Achyut Tiwari, Advocate. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
10.09.2025
1. Heard Mr. Ashish Gangwani, learned counsel for the petitioners. Also heard Mr. Sakib Ahmed, learned Panel Lawyer, appearing for respondent No. 1/State and Mr. Achyut Tiwari, learned counsel, appearing for respondent No. 2.
2. 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 this petition and quash the FIR numbered 0855 of 2021 of Police Station Kotwali Rajnandgaon (C.G.).”
3.
Learned counsel for the petitioners submits that this Court, vide
order dated 18.08.2025, referred the matter to the Mediation Centre of this Court with a direction to petitioner No. 1/husband to deposit a sum
3 of Rs. 1,00,000/- with the Mediation Centre. In compliance with the said
order, petitioner No. 1/husband deposited the aforesaid amount before the Mediation Centre on 29.08.2025, which was withdrawn by respondent No. 2/wife on the same day. He further submits that the mediation proceedings between the parties failed, as is evident from the mediation report dated 04.09.2025.
4. It is further submitted by learned counsel for the petitioners that respondent No. 2 has been repeatedly lodging FIRs against her husband and in-laws, and thereafter, whenever the proceedings have not progressed in her favour, she has entered into compromises with the petitioners.
5. On the other hand, learned State counsel as well as learned counsel appearing for respondent No. 2 have pointed out that charges have already been framed against the petitioners, and three prosecution witnesses, namely the victim and the parents of the victim, have already been examined by the learned trial Court. The trial is presently in progress.
6. We have perused the prayers and pleadings made in the petition along with the annexures appended thereto.
7. Considering the aforesaid facts and circumstances of the case, particularly that charges have already been framed and three prosecution witnesses have been examined by the learned trial Court, with the trial being in progress, we are not inclined to interfere in the
4 matter at this stage.
8. Accordingly, the present petition is disposed off. However, we hope and trust that the learned trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order, in accordance with law and subject to there being no legal impediment.
Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan