Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:899-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 569 of 2020 Shilpa Tiwari W/o Shri Vinay Tiwari Aged About 38 Years Thana Mayur Vihar, R/o 599, Mayur Vihar Phase - I, Pocket 5, East Delhi (India). --- Petitioner versus 1 - State Of Chhattisgarh Through Superintendent Of Police, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Station House Officer Mahila Thana, Bilaspur, District Bilaspur Chhattisgarh. 3 - Ekta Tiwari Shukla D/o Shesh Narayan Tiwari Aged About 35 Years R/o Plot No. 54A, Phase No. 1, Mazid Road, Rajkishore Nagar, Sarkanda Bilaspur Chhattisgarh
--- Respondents CRMP No. 2507 of 2024 1 - Naval Kishore Shukla S/o Ram Chandra Shukla Aged About 71 Years R/o 635, Sector 21-C, Faridabad, Haryana 121001 2 - Amita Shukla W/o Navel Kishore Shukla Aged About 67 Years R/o 635, Sector 21-C, Faridabad, Haryana 121001
---Petitioners Versus BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.01.08 10:56:21 +0530
2 1 - State Of Chhattisgarh Through Sho, Mahila Thana, Bilaspur Chhattisgarh 495001 2 - Ekta Shukla W/o Kshitij Shukla Aged About 32 Years R/o Plot No. 54A, Phase 1 Masjid Road, Rajkishore Nagar, Bilaspur Chhattisgarh 495006
--- Respondents
For Petitioners : Mr.Ashish Shrivastava, Senior Advocate assisted by Mr.Udit Khatri and Ms.Hiya Sonchhatra, Advocates For Respondent- State For Respondent- Complainant : : Mr.Sanghrash Pandey, Government Advocate Mr.Ghanshyam Patel, Advocate Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon’ble Shri Justice Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, CJ 07/01/2025
1. Heard Mr. Mr.Ashish Shrivastava, learned Senior Advocate assisted by Mr.Udit Khatri and Ms.Hiya Sonchhatra, learned counsel for the petitioners. Also heard Mr. Sanghrash Pandey, learned Government Advocate, appearing for respondent- State and Mr.Ghanshyam Patel, learned counsel, appearing for the respondent-complainant. 2. Petitioner-Shilpa Tiwari has filed CRMP No.569 of 2020 with following prayers:-
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“It is therefore most humbly prayed that this Hon’ble Court may graciously be pleased to grant following reliefs: (a) This Hon’ble Court may kindly be pleased to issue orders directing the respondents to produce all the relevant records pertaining to the case of petitioner, if the Hon’ble Court may so desire. (b) Quash FIR/Crime No.0027/2019 dated 19/07/2019 (Annexure P-1) by Police Station, Mahila Thana, Bilaspur (C.G.) and all other proceedings.
(c) Grant such further and other orders and / or directions as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.”
3. Petitioners-Naval Kishore Shukla and Amita Shukla have filed CRMP No.2507 of 2024 with following prayer:-
“It is, therefore, prayed that this Hon’ble Court may kindly be pleased to quash and set aside the impugned FIR No.0027/2019 dated 19.07.2019, Chargesheet No.49/2019 dated 27.12.2019 and further the entire criminal case No.133/2020 pending before the Judicial Magistrate First Class, Bilaspur (C.G.) in the interest of justice.”
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4. Facts of the case are that marriage between respondent-Ekta Tiwari (Shukla) and the brother of the petitioner in CRMP No.569/2020 namely Shri Kshitij Shukla and son of the petitioners in CRMP No.2507/2024 was solemnized on 01.12.2016 as per Hindu rites and rituals. Disputes and differences had arisen between the parties and the respondent-complainant left the matrimonial home in the month of April, 2019 and thereafter an FIR was lodged against the petitioners and Shri Kshitij Shukla (Husband) for offence punishable under Sections 498A read with Section 34 of the IPC at Mahila Thana, Bilaspur, which was registered as Crime No.0027/2019 dated 19.07.2019. Thereafter, a charge sheet was filed by the concerned Police Station on 27.12.32019. 5. Learned counsel appearing for the parties submit that the dispute between the petitioners and the respondent- complainant has been amicably settled subject to fulfillment of terms and conditions of the settlement agreement entered between the parties before the Mediation Center of this Court on 03.01.2025. 6. Considering the settlement which has been arrived at between the parties as has been mentioned in para 10 of the settlement agreement dated 03.01.2025, criminal proceedings pending before the Judicial Magistrate First Class, Bilaspur in Criminal Case No.133/2020 arising out of the FIR bearing No.0027/2019, registered at Mahila Thana, Bilaspur and the
5 entire charge sheet filed by the police under Section 498A/34 are hereby quashed, subject to fulfillment of terms and conditions as mentioned in para 10 of the settlement agreement dated 03.01.2025. 7. The CRMPs are allowed to the extent indicated hereinabove. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu