1 2025:CGHC:42891-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2626 of 2025 Mrs. Zobia Khan W/o Sameer Aslam, Aged About 29 Years R/o Gaffar Colony, Chhawni, Bhilai, Tehsil And District Durg, (C.G.) Currently Residing At Bhatti Road, Rourkela (Odisha). ... Petitioner(s) versus 1 - Gholam Ghousul Azam S/o Shaukat Ali Ahmed, Aged About 36 Years (Mentioned In The Impugned Order As Gulam Gosul Azam), R/o 15/a Flat No. 1 Contopher Tati Bagan, Bail Maszid, Ward No.54, Kolkata- 46 (West Bengal) (Currently Residing At F-14, 2nd Floor, Lajpat Naga-1, New Delhi- 110024 2 - Shaukat Ali Ahmed S/o Late Hazi Mohammed Gulam Rasool Rai, Aged About 74 Years R/o 15/a Flat No. 1 Contopher Tati Bagan, Bail Maszid, Ward No. 54, Kolkata- 46 (West Bengal) (Currently Residing At F-14, 2nd Floor, Lajpat Naga-1, New Delhi- 110024. 3 - Smt. Shaukat Tabassum W/o Shaukat Ali Ahmed, Aged About 64 Years R/o 15/a Flat No. 1 Contopher Tati Bagan, Bail Maszid, Ward No. 54, Kolkata-46 (West Bengal) (Currently Residing At F-14, 2nd Floor, Lajpat Naga- 1, New Delhi- 110024 4 - Shahid Anwar @ Annu, S/o Iliyas Shahid, Aged About 53 Years R/o 12 Gorachand Lane, 14 Kolkata (West Bengal). 5 - Smt. Shagufta Yasmin, W/o Sheikh Sanaullah, Aged About 44 Years R/o Ward No. Holid No. 125, Bhawanipur, Kharagpur, Kolkata (West JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.08.25 18:40:11 +0530 2 Bengal). 6 - State Of Chhattisgarh Through Station House Officer, Police Station Jamul, Bhilai, Distt. Durg (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Mohammed Rashid, Advocate For Respondent /State : Ms. Soumya Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 25/08/2025 1. The instant CRMP has been filed under Section 528 of BNSS with the following prayer:- “It is, therefore, most respectfully and humbly prayed that, in light of the submissions made hereinabove, this Hon'ble Court may graciously be pleased to modify or recall the order dated 11.07.2025 passed by the Hon'ble Division Bench, in relation to FIR 328/2017 dated 15.06.2017, bearing Crime No. registered at Police Station Jamul, District Durg (C.G.), for offences under Sections 498-A and 34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act, 1961, against the respondents; and entire proceedings of Criminal Case No. 33412/2018 pending before the learned Judicial 3 Magistrate First Class (JMFC), Durg (C.G.), as well as the order dated 31.08.2023 passed in Criminal Revision No. 118/2023 by the learned 6th Additional Sessions Judge, Durg, and the order on charge dated 23.02.2023 passed by the learned trial court (JMFC), Durg in Criminal Case No. 33412/2018, in the interest of justice and to secure the ends of justice.” 2. Learned counsel for the petitioner herein/ respondent No. 2 in CRMP No. 2855 of 2023 submits that on the date of hearing i.e. 11.07.2025 the counsel could not appear and the CRMP No. 2855 of 2023 was allowed by this court as being a matrimonial dispute and amicable settlement has been arrived between the parties. He further submits that the present CRMP is filed to recall/ modify the order dated 11.07.2025 passed by this court on the ground that no compromise has been taken place between the parties. 3. We have heard learned counsel for the petitioner and perused the documents. 4. Perusal of para 2 of order dated 11.07.2025 shows that Mr. Vivek Sharma, Mr. Mohammed Rashid and Mr. Aman Kesharwani, Advocates failed to appear before the Court despite repeated calls for respondent No. 2. Further the CRMP No. 2855 of 2023 has been decided on merits as well as on the submission of petitioner 4 counsel that compromise has been entered into between the parties, considering the same, we are not inclined to interfere in the present petition for the recall /modification of the order dated 11.07.2025 passed by this Court. 5. Accordingly, the instant CRMP is dismissed, at motion stage. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti