Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 41411 (CHH)

ASHWINI KUMAR MISHRA v. STATE OF CHHATTISGARH

CRMP/2674/2025 · 2025-08-27

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:43483-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2674 of 2025 Ashwini Kumar Mishra S/o Roopendra Nath Mishra Aged About 41 Years R/o B-50, Mannipuram Near Char Imli, R.S. Nagar, Bhopal M.P. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Police Station - Rajendra Nagar, District - Raipur Chhattisgarh 2 - Amit Jeevan S/o Lakhiram Jeevan Aged About 54 Years R/o M-7, Rajeev Nagar, Raipur, District - Raipur Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Sunil Otwani, Senior Advocate along with Mr. Shobhit Koshta, Advocate For Respondent /State : Ms. Soumya Sharma, Panel Lawyer For Respondent No. 2 : Mr. Hari Agrawal, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 28/08/2025 1. The instant CRMP has been filed under Section 528 of BNSS with the following prayer:- JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.08.29 10:17:54 +0530 2 “It is, respectfully prayed that the First Information Report bearing a crime no. 205/21 dated 31/8/21 an offence punishable u/s 420, 467, 468, 471 of IPC registered by the Police Station-Rajendra Nagar, District- Raipur, C.G. i.e. Annexure P-1 may kindly be quashed in view of amicable settlement arrived between the parties. Any other relief/relief's which this Hon'ble Court may thing fit and proper in the facts and circumstances of the case with cost of the petition may also please be granted to the petitioner.” 2. Learned Senior counsel appearing for the petitioner submits that the parties have entered into a compromise and on the basis of which the earlier petition bearing CRMP No. 554 of 2024 has been disposed off by this court on 08.05.2025 with a direction to the concerned Investigation Officer to verify the compromise executed between the parties and thereafter submit the report before the appropriate authority within six weeks from the date of receipt of a copy of this order. He further submits that instead of submitting the closure report, the Investigating Officer has issued a notice dated 05.08.2025 calling upon the petitioner to appear on 11.08.2025 on the ground that the charge sheet No. 428/2024 dated 31.12.2024 has been prepared and is to be submitted before the competent court. He further submits that as the compromise has already been entered between the parties no fruitful purpose would be served if the charge sheet is filed and prays for quashing of the FIR on the basis of the compromise entered between the parties. 3. Learned counsel for respondent No. 3 also submits that compromise has been entered between the parties and supports the submission 3 made by learned counsel for the petitioner. He also submits that the complainant has already supplied the copy of compromise to the Incharge Police Station on 30.11.2024 which has been received on 02.12.2024, the copy of the same is taken on record. 4. We have heard learned counsel for the petitioner and perused the documents. 5. Considering the aforesaid facts and circumstances of the case, as the parties have already entered into the compromise and the copy of the same was also supplied to the concerned Police Station Incharge on 02.12.2024 before the preparation of charge sheet, in our view no fruitful purpose would be served by submitting the charge sheet before the competent court. 6. In view of the aforesaid, the concerned Superintendent Of Police is directed to ensure proper police report is filled on the basis of compromise entered between the parties and the parties are directed to appear before the concerned Investigation Officer on 31.08.2025. 7. Accordingly, the instant CRMP is disposed off, at motion stage. 8. Learned State counsel is directed to send the copy of the order to the concerned Superintendent of Police for necessary compliance. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti