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2025 DAILYLAW 40581 (CHH)

CHHANNU LAL CHANDRAKAR v. STATE OF CHHATTISGARH

CRMP/2644/2025 · 2025-08-24

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:42893-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2644 of 2025 1 - Chhannu Lal Chandrakar S/o Khuman Singh Chnadrakar Aged About 58 Years R/o Quarter No. 15, Street C, Phase 1, Simran City, Matthpuraina, Raipur, District - Raipur Chhattisgarh. 2 - Smt. Yogeshwari Chandrakar W/o Shri Chhannu Lal Chandrakar Aged About 57 Years R/o Village Matiya, Post - Mahud, Teh.- Gunderdehi, Distt.- Balod Chhattisgarh. 3 - Ajay Chandrakar S/o Shri Chhannu Lal Chandrakar Aged About 28 Years R/o Quarter No.15, Street C, Phase 1, Simran City, Matthpuraina, Raipur, District - Raipur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S.- Baloda, District - Baloda Bazar - Bhatapara Chhattisgarh. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.08.25 17:57:05 +0530 2 2 - Smt. Swati Bala Chandrakar W/o Tejesh Kumar Chandrakar Aged About 29 Years R/o Panchsheel Nagar, Baloda Bazar, P.S.- Baloda, Distt.- Baloda Bazar - Bhatapara Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Anshuman Shrivastava, Advocate. For Respondent No.1/State : Shri Malay Jain, 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. Heard Shri Anshuman Shrivastava, learned counsel for the petitioners as well as Shri Malay Jain, learned Panel Lawyer for the State. 2. The present Cr.M.P. has been filed with the following prayer:- “It is therefore, prayed that the instant CRMP may be allowed and FIR no.- 691/2022 dated 27.08.2022 registered at Police Station - Baloda, Distt. - Baloda Bazar - Bhatapara (C.G.) under Sections 34, 498-A IPC, Chargesheet No. 152/2023 dated 17.04.2023 under Sections 34, 498-A, 377 IPC and Criminal Case No. 421/2023 namely State of Chhattisgarh Vs Tejesh Kumar Chandrakar and others pending before 3 Judicial Magistrate First Class (JMFC) Bhatapara, District - Baloda Bazar Bhatapara (C.G.) by virtue of which the cognizance has been taken by the learned trial court vide order dated 24.04.2023 for commission of an offence punishable under Sections 34, 498-A, 377 IPC of Indian Penal Code including framing of Charge dated 12.01.2024 against the petitioners may be quashed, in the interest of justice.” 3. On Perusal of the petition, it transpires that it is a matrimonial dispute and the husband has not made a party in the present case, therefore, matter cannot be referred to Mediation center. 4. At this juncture, learned counsel for the petitioners prays to withdraw this petition with liberty to file afresh impleading husband as a party. 5. Accordingly, the instant Cr.M.P. is dismissed as withdrawn with the liberty as stated supra. 6. Certified copy of the documents annexed in the petition may be returned back to the counsel for the petitioners after retaining the photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Shoaib