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2025 DAILYLAW 31373 (CHH)

KUNJAN GUPTA v. STATE OF CHHATTISGARH

CRMP/1891/2023 · 2025-07-31

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:37862-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1891 of 2023 1. Kunjan Gupta S/o Shri Rajaram Gupta Aged About 38 Years R/o Village Balrampur, Police Station And Tahsil Balrampur, Ramanujganj, District Balrampur - Ramanujganj, Chhattisgarh. 2. Chandan Gupta S/o Shri Rajaram Gupta, Aged About 33 Years R/o Village Salka, Police Station Bhaiyathan, District : Surajpur, Chhattisgarh 3. Ashish Kumar Gupta S/o Shri Rajaram Gupta Aged About 30 Years R/o Village Salka, Police Station Bhaiyathan, District : Surajpur, Chhattisgarh ... Petitioner(s) versus 1. State of Chhattisgarh Through The Station House Officer, Police Station Balrampur, District Balrampur Ramanujganj, Chhattisgarh. 2. Parmeshwar Singh S/o Ronha Aged About 61 Years Caste Mar (General Category), R/o Village Semli, Post Balrampur, Police Station And Tahsil Balrampur, District Balrampur Ramanujganj, Chhattisgarh. ...Respondent(s) BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.08.01 19:21:05 +0530 2 For Petitioners : Mr. Dhiraj Kumar Wankhede, Advocate. For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer. For Respondent No. 2 : Mr. Vijay Shankar Mishra, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 01 .08.2025 1. Heard Mr. Dhiraj Kumar Wankhede, learned counsel for the petitioners. Also heard Mr. Sakib Ahmed, learned Panel Lawyer, appearing for respondent No. 1/State and Mr. Vijay Shankar Mishra, 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 may kindly be pleased to set aside/quash the impugned Final Report dated 01.05.2022 (Annexure P/1), along with sequential proceeding arising out of the charge-sheet, if any, in the interest of justice. Any other relief may also be granted to the petitioner, which this Hon’ble Court deems fit and proper.” 3. Learned counsel for the petitioners has submitted that in the present case, no formal charges have been framed against the petitioners till date. It is further submitted that a compromise has been amicably arrived at between the petitioners and the complainant, and the same has been duly recorded before the learned Civil Court in Civil Suit No. 5A/2018 on 08.03.2022. In view of the said compromise, learned counsel for the petitioners contends that the continuation of the present criminal proceedings would serve no fruitful purpose and would only amount to an 3 abuse of the process of law. Therefore, it is prayed that the present petition be allowed and the entire criminal proceedings arising out of the FIR in question be quashed in the interest of justice. 4. Learned counsel appearing on behalf of respondent No. 2, i.e., the complainant, has fairly conceded to the submissions made by learned counsel for the petitioners. He has submitted that the matter has indeed been amicably resolved between the parties, and the complainant has no objection if the criminal proceedings initiated against the petitioners are quashed by this Court. 5. In light of the submissions made by the learned counsel for both the parties and taking into consideration the fact that the dispute has been amicably settled and reduced into writing before the competent Civil Court, this Court is of the considered opinion that allowing the criminal proceedings to continue would be unwarranted. Therefore, the charge- sheet bearing No. 68 of 2022 dated 01.05.2022, which arises out of FIR bearing Crime No. 23 of 2022 dated 01.02.2022 registered at Police Station Balrampur, District Balrampur (C.G.), along with all consequential criminal proceedings pending before the concerned trial Court, are hereby quashed. 6. Consequently, and in view of the above, the present petition stands allowed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan