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2025 DAILYLAW 37627 (CHH)

DEEPAK TIWARI v. STATE OF CHHATTISGARH

CRMP/2573/2024 · 2025-09-01

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:44600-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2573 of 2024 1 - Deepak Tiwari S/o Dileshwar Prasad Tiwari Aged About 28 Years R/o Ward No. 16, Dongiya- Para, Village- Tilai, District Janjgir-Champa, Chhattisgarh. 2 - Divya Tiwari W/o Deepak Tiwari Aged About 26 Years R/o Ward No. 16, Dongiya- Para, Village- Tilai, District Janjgir-Champa, Chhattisgarh. 3 - Chandrakant Tiwari S/o Krishna Tiwari Aged About 39 Years R/o House No. 242, Bramhanpara, Khatola, Akaltara, Tehsil And District Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through District Magistrate, District Raipur, Chhattisgarh. 2 - Nishi Pandey D/o Lileshwar Pandey R/o House No. 51/1096, Ashwani Nagar, Sunder Nagar, Raipur, Pin- 492013 ... Respondent(s) For Petitioner(s) : Mr. Siddharth Dubey, Advocate. For Respondent No. 1 : Mr. Swajeet Singh Ubeja, Panel Lawyer For Respondent No. 2 : Ms.Priyanka Rai, Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 02/09/2025 1 Heard Mr. Siddharth Dubey, learned counsel for the petitioners. Also heard Mr. Swajeet Singh Ubeja, learned Panel Lawyer for the State/respondent No. 1 as well as Ms. Priyanka Rai, learned counsel for the respondent No. 2. 2 2 By this petition under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short, the BNSS), the petitioners seek for the following relief(s): “1. That, this Hon’ble Court may kindly be pleased to quash and set-aside the FIR No. 53/2024 lodged in Police Station, Mahila Thana, District Raipur, (C.G.) under the provisions of Section 498-A and Section 34 of the Indian Penal Code. 2. That, this Hon’ble Court may kindly be pleased to quash the complete Criminal proceedings emanating out of FIR No. 53/2024 lodged in Police Station, Mahila Thana, District Raipur (C.G.). 3. Any other Order which this Hon’ble Court deems fit in the interest of law and justice.” 3 At the outset, Ms. Rai, learned counsel for the respondent No. 2 submits that as per the instructions received by her, amicable settlement has been arrived at between the parties, to which learned counsel for the petitioner submits that he is not aware of the said fact. 4 In view of the above submission, the present petition is disposed of with liberty to the petitioners that if no amicable settlement has been arrived at between the parties, the petitioners would be free to take recourse to law by moving appropriate application, if so advised. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.09.02 20:17:10 +0530