Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:48229-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2932 of 2025
1. Dilharan S/o Sonsai Lodhi Aged About 59 Years R/o Suradabri, Police Station - Chhuikhadan, District - Khairagarh-Chhuikhadan- Gandai Chhattisgarh
2. Smt. Amrika Bai W/o Dilharan Lodhi Aged About 57 Years R/o Suradabri, Police Station - Chhuikhadan, District - Khairagarh- Chhuikhadan-Gandai Chhattisgarh
... Petitioner(s) versus
1. State Of Chhattisgarh Through The Station House Officer, Police Station - Chhuikhadan, District - Khairagarh-Chhuikhadan-Gandai Chhattisgarh
2. Smt. Bhuneshwari Lodhi W/o Siyaram Lodhi, C/o Rajkumar Verma Aged About 26 Years At Present R/o Village - Aamgaon, Tahsil And P.S. Chhuikhadan, District - Khairagarh-Chhuikhadan-Gandai Chhattisgarh (Complainant)
... Respondent(s) For Petitioner : Mr. Rudranath Mukherjee, Advocate For Respondents/ State: Mr. Swajeet Singh, P.L. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge
Judgment on Board Per Ramesh Sinha, Chief Justice JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.09.19 19:13:47 +0530
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1. Heard Mr. Rudranath Mukherjee, learned counsel for the petitioner. Also heard Mr. Swajeet Singh, Panel Lawyer for the respondents/ State.
2. The petitioner has filed this petition praying for following relief:-
“1. Allow this petition under Section 528 of B.N.S.S. filed by the petitioners. II. Quash the impugned FIR dated 10.08.2024 bearing Crime No. 231/2024 registered at Police Station,
Chhuikhadan,
District-Khairagarh- Chhuikhadan-Gandai (C.G.) for the offence U/s 498- A, 34 of IPC against the petitioners. III. Quash the impugned Final Report No. 206/2024 dated 04.10.2024 submitted by Police Station, Chhuikhadan before the learned Judicial Magistrate First Class, Chhuikhadan for the offence U/s 498-A, 323, 34 of IPC against the petitioners. IV. Quash the impugned cognizance order dated 31.12.2024 as well as the entire criminal proceedings pending in Criminal Case No. 1798/2024 before the learned Judicial Magistrate First Class, Chhuikhadan for the offence U/s 498-A, 323, 34 of IPC against the petitioners.
3 V. Grant any other relief, which may be deemed fit in given facts and circumstances of the case, in favour of petitioners.”
3.
Learned counsel for the petitioner submits that husband has not been made party though the FIR was against the husband and other family members. He further submits that the present petition is preferred by mother-in-law and father-in-law only and seeks permission of this Court to withdraw the present petition with liberty to file a fresh petition after impleading necessary party.
4. Learned State counsel has no objection.
5. In view of the submissions made by learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty.
6. Certified copies of the documents, if any, may be returned to the petitioner after retaining photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti