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2025 DAILYLAW 26143 (CHH)

RIZWANUL HAQ KHAN v. HUMA KHAN KHOKHAR

CRMP/1916/2025 · 2025-06-22

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:26563-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1916 of 2025 Rizwanul Haq Khan S/o Kamrul Hasan Khan Aged About 36 Years (Correct Name), R/o L.D. 204, Ada Colony, Naini, Police Station Naini, Police Station Karchhana, District- Prayagraj (U.P.) ... Petitioner versus 1 - Huma Khan Khokhar W/o Rizwanul Haq Khan Aged About 36 Years R/o House No. 1305, Ward No. 17, Mahamaya Vihar, Ware House Road, Bilaspur, District- Bilaspur (C.G.) 2 - State of Chhattisgarh Through Officer-In-Charge Police Station- Mahila Police Station Bilaspur, District- Bilaspur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Devesh G. Kela, Advocate For Respondent No.1 : Ms. Shahla Khokhar, Advocate For Respondent No.2 : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 23.06.2025 1. Heard Mr. Devesh G. Kela, learned counsel for the petitioner as well as Ms. Shahla Khokhar, learned counsel appearing for respondent No.1 and Mr. Malay Jain, learned Panel Lawyer, appearing for the State/respondent No.2. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.06.23 17:02:16 +0530 2 2. The present writ petition has been filed by the petitioner with the following prayer: “1. Quash the F.I.R. /Crime No 45/2023 registered by Mahila Police Station Bilaspur, District- Bilaspur (C.G.) dated 20.07.2023 for offence U/s.498-A, 34 of IPC and charge sheet dated 27.07.2023 (Annexure-P/1). 2. Quash the order taking cognizance dated 01.08.2023 (Annexure P/3) and charges framed against the petitioner U/s 498-A and 34 of I.P.C. (Annexure-P/2). 3. Quash criminal proceedings in connection with Criminal Case No.5496/2023, pending trial before the learned Judicial Magistrate First Class, Bilaspur(C.G.) against the petitioner. 4. To grant such other reliefs as it deems fit in the circumstances of the case the interest of justice and to fulfill the purpose and purport of 528 of the Bhartiya Nagarik Suraksha Sanhita.” 3. Learned counsel for the petitioner submits that the impugned FIR, charge-sheet, order taking cognizance as well as criminal proceedings, be quashed on the ground that the parties have entered into 3 compromise, but the photocopy of the compromise deed has been filed before this Court and the original copy of the compromise deed has not been filed. 4. In that view of the matter, the parties are directed to file the original compromise deed before the concerned trial Court and in turn, the trial Court concerned is directed to consider and decide the same expeditiously preferably within a period of four weeks from the date of receipt of certified copy of this order. 5. With the aforementioned observations/directions, instant petition is disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu