Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:44505-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2743 of 2025 1 - Govindram Sahu S/o Late Budhuram Sahu Aged About 56 Years 2 - Smt. Lalita Sahu W/o Mr. Govindram Sahu Aged About 51 Years 3 - Bhupendra Sahu S/o Mr. Govindram Sahu Aged About 32 Years 4 - Dr. Ravikant Sahu S/o Mr. Govindram Sahu Aged About 29 Years All are resident of Ward No. 7, Salihapara, P.S. Bhanupratappur, Bhanupratappur, Dist. North Bastar Kanker C.G.
... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Home, Mantralay, Mahanadi Bhawan, Naya Raipur, District Raipur 2 - Station House Officer Police Station Bhanupratappur, District- Kanker, Chhattisgarh 3 - Smt. Kirti Sahu W/o Mr. Bhupendra Kumar Sahu Aged About 30 Years R/o Village Dokla, P.S. Charama, Tehsil Charama, Dist. Kanker C.G.
... Respondents For Petitioners : Mr.Raza Ali, Advocate For Respondents No.1 and 2/State For Respondent No.3 : : Mr.Malay Jain, Panel Lawyer Mr.Avinash Chand Sahu, Advocate Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble Shri Bibhu Datta Guru, Judge BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.09.02 17:48:11 +0530
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Order
on Board
Per
Ramesh Sinha
, Chief Justice
02.09.2025
1. Heard Mr.Raza Ali, learned counsel for the petitioners as well as Mr.Malay Jain, learned Panel Lawyer appearing for respondents No.1 & 2/State and Mr.Avinash Chand Sahu, learned counsel appearing for respondent No.3. 2. By way of this petition, the petitioners have prayed for following relief:-
“It is, therefore, prayed that this Hon'ble Court may be pleased to exercise its inherent jurisdiction under Section 528 of BNSS and in exercise thereof call for the records, if necessary, admit the petition and after hearing parties in the matter quash the Charge sheet filed in FIR no. 239/2020 (Annexure P-1) and order of cognizance dated 06.08.2021 (Annexure P-2) and order of framing charges dated 17.08.2021 along with memo of charges (Annexure P-3 Colly) for the offences under section 498-A, 34, 377 of IPC and section 4 of Dowry Prohibition Act and in effect quash the entire criminal case pending before the JMFC bearing criminal case number 269/2021 on the basis of compromise arrived between the parties, and/or pass such other orders in favor of the applicant as this Hon'ble Court may deem it fit in the facts and circumstances of the case.”
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3. Learned counsel for the petitioners submits that the matter has been compromise between the petitioners and respondent No.2, to which learned counsel appearing for respondent No.2 does not dispute the said fact. Therefore, in view of the law laid down by the Apex Court in Manoj Sharma Vs. State, (2008) 16 SCC 1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012) 10 SCC 303, entire criminal proceedings be quashed. 4. We have heard learned counsel appearing for the parties. 5. From perusal of the pleadings, it appears that the petitioners and respondent No.2 have already settled their dispute outside the Court. 6. Keeping in mind the ratio laid down by the Apex Court in Manoj Sharma (supra), B.S. Joshi (supra) and Gian Singh (supra) and also taking into consideration that the dispute between the parties from which the impugned FIR and further proceedings have emanated has been amicably settled by the parties, this Court is of the view that no useful purpose would be served in proceeding any further against the petitioners in this matter. 7.
In that view of the matter, criminal proceedings pending before the Judicial Magistrate First Class, Bhanupratappur in Criminal Case No.269/2021 arising out of the Crime No.239/2020, charge-sheet,
order taking cognizance dated 6.9.2021 and order framing charges dated 17.08.2021 along with memo of charges for
4 offences under Sections 498A/34 & 377 of the IPC and Section 4 of the Dowry Prohibition Act are hereby quashed on the basis of compromise arrived between the parties.
8. The petition is allowed to the extent indicated hereinabove. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu