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2025 DAILYLAW 34906 (CHH)

SMT. SABA IRSHAD v. STATE OF CHHATTISGARH

CRMP/2350/2025 · 2025-07-30

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:37562-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2350 of 2025 1 - Smt. Saba Irshad W/o Javed Qureshi Aged About 35 Years R/o C.G. Fataka Shop Karma Chowk Ram Nagar Kota Road Gudyari Raipur (C.G.) 2 - Mohammad Imran S/o Irshad Mohammad Aged About 31 Years R/o C.G. Fataka Shop Karma Chowk Ram Nagar Kota Road Gudyari Raipur (C.G.) 3 - Irshad Mohammad S/o Late Haji Nisar Aged About 61 Years R/o C.G. Fataka Shop Karma Chowk Ram Nagar Kota Road Gudyari Raipur (C.G.) 4 - Mohammmad Aehfaz S/o Irshad Mohammad Aged About 27 Years R/o C.G. Fataka Shop Karma Chowk Ram Nagar Kota Road Gudyari Raipur (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through Station House Officer, Mahila Thana Raipur (C.G.) 2 - Smt Shahina Parveen W/o Mohammad Imran R/o 34/337, Beside Baba Provision Store, Rajatalab Nai Basti Civil Lines Raipur Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Aman Saxena, Advocate For State/Respondent No.1 : Mr. Malay Jain, Panel Lawyer For Respondent No.2 : Mr. A.S. Khan, Advocate ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.08.01 10:34:37 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 31.07. 2025 1. Mr. A.S. Khan, learned counsel appearing for respondent No.2, submits that he is the father of the private respondent No.2, i.e., the complainant, and that the original copy of the compromise deed entered into between the parties is in his possession. 2. In view of the above submission, Mr. Khan is directed to file the original compromise deed along with a covering memo before the Registry of this Court during the course of the day. 3. With the consent of the parties, we proceed to hear the matter finally. 4. Heard Mr. Aman Saxena, learned counsel for the petitioners as well as Mr. Malay Jain, learned Panel Lawyer, appearing for the State/respondent No.1 and Mr. A.S. Khan, learned counsel appearing for respondent No.2. 5. The present petition has been filed by the petitioners with the following relief(s):- “a. Quashing and setting aside the FIR No. 0120/2023 dated 06.10.2023 registered at Police Station Mahila Thana, Raipur (C.G.) and the chargesheet dated 08.11.2023 and 3 all consequential proceedings arising therefrom including order taking congnisance dated 15.04.2025 issued by learned magistrate, Raipur (Annexure P/1 and Annexure P/2); b. Pass such other and further order(s) as may be deemed just and proper in the facts and circumstances of the case.” 6. Learned counsel for the petitioner submits that the dispute between petitioners and respondent No.2 has been amicably settled subject to fulfillment of terms and conditions of the compromise entered between the parties vide deed of compromise dated 23.07.2025. 7. Learned counsel for respondents No.2 supports the submissions made be learned counsel for the petitioners. 8. Considering the settlement which has been arrived at between the parties as has been mentioned in compromise deed dated 23.07.2025, impugned FIR bearing Crime No. 0120/2023 dated 06.10.2023 registered at Police Station Mahila Thana, Raipur (C.G.), charge-sheet dated 08.11.2023 and all consequential proceedings arising therefrom including order taking cognizance dated 15.04.2025 issued by learned Magistrate, Raipur (Annexure P/1 and Annexure P/2), are liable to be quashed, subject to fulfillment of terms and conditions as mentioned in compromise 4 deed dated 23.07.2025 entered into between the petitioners and respondent No.2. It is made clear that all the subsequent proceedings originated from the said FIR, shall also stand set aside. 9. Accordingly, the instant petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is allowed to the extent indicated hereinabove. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu