1 2025:CGHC:45481-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2787 of 2025 1. Pramod Banjare S/o Shri Pratap Kumar Banjare Aged About 29 Years (As Per P-2) R/o Indrapara, Bhilai-3, District - Durg Chhattisgarh 2. Yashvant Banjare W/o Pratap Kumar Banjare Aged About 60 Years R/o Indrapara, Bhilai-3, District - Durg Chhattisgarh 3. Deepmala Banjare W/o Praveen Banjare Aged About 45 Years R/o Indrapara, Bhilai-3, District - Durg Chhattisgarh 4. Praveen Banjare S/o Pratap Kumar Banjare Aged About 30 Years R/o Indrapara, Bhilai-3, District - Durg Chhattisgarh 5. Pratap Kumar Banjare S/o Late Phoolchandra Banjare Aged About 63 Years R/o Indrapara, Bhilai-3, District - Durg Chhattisgarh ... Petitioner(s) versus 1. State of Chhattisgarh Through Mahila Thana Bilaspur District Bilaspur, Chhattisgarh 2. Smt. Nisha Banjare W/o Pramod Kumar Banjare Aged About 31 Years (As Per Family Court Order) Village Dhurvakari Post Pachpedi, Tahsil Masturi, District Bilaspur Chhattisgarh. ...Respondent(s) For Petitioners : Mr. Prabhat Kumar Saxena, Advocate. For Respondent/State : Mr. Soumya Rai, Panel Lawyer. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.09.08 17:45:39 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 08.09.2025 1. Heard Prabhat Kumar Saxena, learned counsel for the petitioners. Also heard Mr. Soumya Rai, learned Panel Lawyer, appearing for respondent No. 1/State. 2. The present petition has been filed by the petitioners with the following prayer: “It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow the instant petition and quash the FIR/Crime No. 65 of 2021 for an offence under Section 498A, 34 of the IPC registered in Police Station Mahila Thana Bilaspur, District Bilaspur (C.G.), charge-sheet and all criminal proceeding pending before the Court of learned CJM/First Civil Judge Senior Grade Bilaspur (C.G.) in Criminal Case No. 6089 of 2021, in the interest of justice.” 3. Learned counsel for the petitioners submits that the dispute between petitioner No. 1 (husband) and respondent No. 2 (wife) has been amicably settled pursuant to a compromise dated 15.04.2025, arrived at in proceedings under Section 125 of the Cr.P.C. before the 3 Principal Judge, Family Court, Bilaspur (C.G.). A copy of the said compromise has been placed on record as Annexure P/5. It is further submitted that, subsequent to the compromise, petitioner No. 1 moved an application on 15.04.2025 before the Judicial Magistrate First Class, Bilaspur (C.G.) seeking termination of the criminal proceedings pending against the petitioners on the basis of the said settlement; however, the said application is still pending consideration. 4. Learned counsel for the petitioner further submits that charges have already been framed by the learned trial Court against the petitioners, but the petitioners have not filed either a copy of the order framing charge or the order-sheet reflecting the subsequent status of the trial proceedings. In view thereof, learned counsel for the petitioners prays for permission to withdraw the present petition with liberty to file a fresh petition after placing the aforesaid documents on record. 5. It is also noted that the petitioners had earlier approached this Court by filing CRMP No. 2456 of 2025, which was dismissed as withdrawn by order dated 06.08.2025 on the ground that the petitioners had not filed an application under Section 320 of the Cr.P.C. At that time, the petitioners were directed to deposit a sum of Rs. 2,000/- as costs before the Registry of this Court, which amount has since been deposited, as evidenced by the receipt annexed as Annexure P/8. 6. In the present petition also, the petitioners have failed to file the order framing charge or the order-sheet showing the progress of the trial after framing of charges against the petitioners. Accordingly, the 4 prayer made by learned counsel for the petitioners is allowed and the present petition is dismissed as withdrawn with liberty to file a fresh petition after complying with the above requirements. Such liberty shall be subject to the petitioners depositing a further sum of Rs. 2,000/- as costs before the Registry of this Court and producing the receipt of the same at the time of filing of the fresh petition, if any. The amount so deposited shall be transmitted to the Special School for Intellectually Handicapped Girls, District Narayanpur (C.G.). 7. Certified copies of the FIR, charge-sheet and other documents, if any, shall be returned to the petitioners after retaining photocopies thereof for the record. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan