MONU @ AKHILESH SINGH THAKUR v. STATE OF CHHATTISGARH
CRMP/2059/2024 · 2025-09-11
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30491 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30491 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:46769-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2059 of 2024 1 - Monu @ Akhilesh Singh Thakur S/o Suraj Singh Aged About 34 Years 2 - Suraj Singh S/o Late Bahadur Singh Thakur Aged About 65 Years 3 - Usha Singh Thakur W/o Suraj Singh Aged About 60 Years All are R/o Swarna Jayanti Nagar, Ring Road, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Kamharia, District Bemetara, Chhattisgarh 2 - Chetna Bharti W/o Monu @ Akhilesh Singh Thakur Ward No. 5, Kamharia, District Bemetara, Chhattisgarh....(Complainant)
... Respondent(s) For Petitioner(s) : Mr. Keshav Dewangan, Advocate. For Respondent No. 1/State : Mr. Nitansh Jaiswal, Panel Lawyer For Respondent No. 2 : Mr. Vivek Sharma, Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge
Order on Board Per
Ramesh Sinha, Chief Justice
12/09/2025
1. Heard Mr. Keshav Dewangan, learned counsel for the petitioner(s), Mr. Nitansh Jaiswal, learned Panel Lawyer for the State/respondent No. 1 as well as Mr. Vivek Sharma, learned counsel for the respondent No. 2. 2. By this petition under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, the petitioner seeks quashing of the FIR bearing Crime
2 No.60/2024, dated 04.04.2024, registered at Police Station, Khamhariya, District Bemetara, the charge-sheet No. 62/2024, dated 02.05.2024 for the offences under Sections 498-A of the IPC. 3. The facts, in brief, as projected by the petitioners are that the complainant/respondent No. 2 lodged the FIR to the effect that on 18.02.2022, her marriage took place with the petitioner No. 1 and petitioners No. 2 and 3 are her father-in-law and mother-in-law. It was alleged that after 15-20 days of her marriage, the petitioners used to harass and ill treat her in the name of dowry stating her father has not provided the cash in lieu of car and furniture, despite the fact that her father never assured the petitioners for giving cash in lieu of car and furniture. She also stated that the petitioners used to taunt her saying that the preparation of food, etc. is not proper. The complainant alleged that her husband used to come to the house in the late hours and also was not taking care of her by maintaining the cordial relation in married life. When she went to her parental house during the festivals of Holi, Teeja, etc. the petitioners never tried to call her back her. Even in the meeting of their society, the petitioners failed to appear. 4. After registration of the FIR, the police investigated the matter and filed charge sheet for the offences under Section 498-A of the IPC, which is sought to be challenged herein. 5. At the outset, Mr.
Dewangan, learned counsel for the petitioners submits that as the petitioners and the respondent No. 2 have settled their dispute amicably, vide agreement dated 22.02.2025 and they have also obtained a decree of divorce from the Family Court, Bilaspur, in Civil Suit No. 138- A/2025 and the parties have mutually agreed to withdraw all the proceedings against each other, therefore, in view of the law laid down by
3 the Apex Court in Manoj Sharma v. State and others, (2008) 16 SCC 1, B.S. Joshi v. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, the impugned FIR, charge-sheet and the consequential criminal proceedings, if any, may be quashed. 6. Mr. Nitansh Jaiswal, learned Panel Lawyer appearing for the State as well as Mr. Vivek Sharma, learned counsel appearing for the respondent No. 2 do not controvert the above submission. 7. In light of the above submission, as the petitioners and the respondent No. 2 have mutually resolved their disputes amicably and keeping in mind the ratio laid down by the Apex Court in Manoj Sharma (supra), B.S. Joshi (supra) and Gian Singh (supra) and also taking into
consideration that the dispute between the parties from which the impugned FIR has emanated has been amicably settled, 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 view of the above, the FIR bearing Crime No. 60/2024 dated 04.04.2024 for the offence under Section 498-A of the IPC, registered at Police Station, Khamhariya, District Bemetara, the charge-sheet bearing No. 62/2024, dated 02.05.2024, and the consequential criminal proceedings, if any, are quashed.
9. Resultantly, this petition stands allowed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.09.15 18:48:04 +0530