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2025 DAILYLAW 3935 (CHH)

SIYARAM SAHU @ DURGESH SAHU v. STATE OF CHHATTISGARH

CRMP/208/2025 · 2025-01-20

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:3296-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 208 of 2025 1 - Siyaram Sahu @ Durgesh Sahu S/o Dhansay Sahu Aged About 34 Years R/o Sakin Gondaiya Auklahipara, Thana Ratanpur, Dist. Bilaspur (C.G.) 2 - Dhansay Sahu S/o Late Mukunda Sahu Aged About 59 Years R/o Sakin Gondaiya Auklahipara, Thana Ratanpur, Dist. Bilaspur (C.G.) 3 - Bablu Sahu S/o Dhansay Sahu Aged About 39 Years R/o Sakin Gondaiya Auklahipara, Thana Ratanpur, Dist. Bilaspur (C.G.) 4 - Punnibai Sahu W/o Dhansay Sahu Aged About 45 Years R/o Sakin Gondaiya Auklahipara, Thana Ratanpur, Dist. Bilaspur (C.G.) 5 - Punita Sahu W/o Bablu Sahu Aged About 31 Years R/o Sakin Gondaiya Auklahipara, Thana Ratanpur, Dist. Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Mahila Thana, District Bilaspur (C.G.) 2 - Smt. Chameli Bai Sahu W/o Siyaram Sahu @ Durgesh Sahu R/o Sakin Gondaiya Auklahipara, Thana Ratanpur, Dist. Bilaspur (C.G.) ... Respondent(s) 2 For Petitioner(s) : Mr. Himanshu Yadu, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 20.01.2025 1. Heard Mr. Himanshu Yadu, learned counsel for the petitioners. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for respondent No.1 / State. 2. The petitioner has filed this petition praying for following relief:- “i. That, this Hon'ble Court may kindly be please to quash/set-aside the F.I.R. dated 14.11.2023 in connection with Crime no. 755/2023 under section 498 A, 294, 323, 506, 34, 307, 511 of IPC registered by police station Ratanpur against the petitioners in the interest of justice and ii. That, this Hon'ble Court may kindly be please to quash/set-aside the Chare-sheet in connection with Charge-sheet no. 509/2024 vide charge-sheet dated 03.10.2024 against the petitioners in the interest of justice and iii. That, this Hon'ble Court may kindly be please to quash/ set-aside the cognizance order dated 03.10.2024 by which the learned session judge, Bilaspur District- Bilaspur (C.G.) has taken cognizance for offence u/s 498 A, 294, 323, 506, 34, 307, 511 of IPC, and iv. That, this Hon'ble Court may kindly be please to quash/set-aside the further consequential criminal proceeding in criminal case no. 184/2024 in state of C.G. vs Shiya Ram Sahu @ Durgesh Sahu pending 3 before learned Court of Upper Session Judge (F. T. C.), Bilaspur District- Bilaspur (C.G.) In the interest of justice and V. That the Hon'ble Court may kindly be pleased to grant any other relief as it may deem fit in the interest of justice.” 3. Perusal of the present petition goes to show that though the learned counsel for the parties submits that the compromise has been taken place between the parties, but certified copy of the agreement dated 21.12.2024 i.e. mutual agreement wherein both the parties expressed their desire to forget the past grievances and live together harmoniously has not been annexed with the present petition. Further, charge framing order has also not been annexed with the petition. 4. In view of the same, learned counsel for the petitioners prays to withdraw the petition with the liberty to file a duly constituted petition annexing the certified copy of the compromise agreement as well as charge farming order. 5. Accordingly, this petition is dismissed as withdrawn, with liberty to file petition afresh, subject to depositing a sum of Rs.1,000/- as cost by the petitioners in the Registry of this Court within a period of one week from today, and the same shall be transmitted to the Government School for Visual and Hearing Impaired, Tifra, District - Bilaspur (C.G.). 6. Learned Panel Lawyer appearing for respondent No.1 / State is present. 4 7. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioner after obtaining the photocopy of the same, subject to deposit of the fine amount. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet