1 2025:CGHC:35177 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 1011 of 2024 Smt. Neetu Pathak W/o Shri Abhay Pathak, Aged About 42 Years R/o Ward No. 12, Mathpara Kawardha, Tahsil - Kawardha, District - Kabirdham, Chhattisgarh. (Complainant) ... Appellant versus 1 - Abhay Pathak S/o Late R.B. Pathak, Aged About 49 Years R/o Ward No. 12, Mathpara Kawardha, Tahsil - Kawardha District - Kabirdham, Chhattisgarh. 2 - Smt. Aarti Wahne Aged About 40 Years R/o Ward No. 12, Mathpara Kawardha, Tahsil - Kawardha District - Kabirdham, Chhattisgarh. ... Respondents For Appellant : Mr. K. N. Nande, Advocate For Respondents : Mr. Anurag Bajpai, Advocate Hon'ble Shri Justice Sachin Singh Rajput Judgment on Board 22.07.2025 1. Learned counsel for the appellant would submit that inadvertently the instant acquittal appeal under Section 419 (4) of BNSS was filed against the impugned order dated 30.06.2023 passed by the learned Judicial Magistrate First Class, Kawardha, District- Kabirdham in 2 Criminal Case No. 174 of 2018 by which which the respondents have been discharged from the offences under Section 494 read with Section 114/34 of IPC. He would further submit that he seeks permission of this Court to withdraw the instant ACQA with a liberty to avail the remedy available to him under the law. 2. Learned counsel for the respondents has no objection to the preposition made by learned counsel for the appellant. 3. In view of the above, the instant appeal is dismissed as withdrawn with the aforesaid liberty granted in favour of the appellant. 4. Certified copy of the impugned order alongwith all the annexures if any, be returned to the learned counsel for the appellant after retaining photocopy of the same. Sd/- (Sachin Singh Rajput) JUDGE amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.07.24 17:55:00 +0530