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2025 DAILYLAW 45779 (CHH)

KRISHNA DAS JOSHI v. STATE OF CHHATTISGARH

CRMP/3469/2024 · 2025-01-02

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:17-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3469 of 2024 1 - Krishna Das Joshi S/o Late Shri Bahru Das Aged About 68 Years R/o Village - Bade Agar, Police Station - Dhamdha, District - Durg, Chhattisgarh. 2 - Ramshila Joshi Wife Of Krishna Das Joshi Aged About 61 Years R/o Village - Bade Agar, Police Station - Dhamdha, District - Durg, Chhattisgarh. 3 - Kirti D/o Krishna Das Joshi Aged About 27 Years R/o Village - Bade Agar, Police Station - Dhamdha, District - Durg, Chhattisgarh. 4 - Dolly D/o Krishna Das Joshi Aged About 22 Years R/o Village - Bade Agar, Police Station - Dhamdha, District - Durg, Chhattisgarh. ... Petitioners versus 1 - State of Chhattisgarh Through Police Station - Dhamdha, District - Durg, Chhattisgarh. 2 - Satyanarayan Joshi S/o Ferha Das Joshi Aged About 32 Years R/o Village - Bade Agar, Police Station - Dhamdha, District - Durg, Chhattisgarh. (Complainant) ... Respondents For Petitioners : Mr. Raj Kumar Sahu, Advocate For Respondent : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board Per Ramesh Sinha, Chief Justice 02/01/2025 2 1. Heard Mr. Raj Kumar Sahu, counsel for the petitioner and Mr. Hariom Rai, Panel Lawyer for the Respondent/State. 2. The present petition has been filed by the petitioner with the following prayer: "(i) quash the F.I.R. registered as Crime No. 210/2024, U/s 115(2), 296, 351(2) r/w Section 3(5) of Bhartiya Nyaya Sanhita, 2023, in the Police Station- Dhamdha, District- Durg (C.G.), so far as it relates to the petitioners. and/or, (ii) or any other relief as the Hon'ble Court may deem fit in the interest of justice, equity and good conscious." 3. It is argued by learned counsel for the petitioner that it was complainant who has come to the house of the petitioner who is having two daughters and there was quarrel between the two. The present FIR has been lodged by the private respondent against the petitioner whereas on the other hand the petitioner has also lodged the FIR against the complainant party and others. It is stated that the present FIR is just for the harassment of the petitioner and his family members and it is further pointed out that the FIR is still under investigation. 4. As per the submission of the learned counsel for the petitioner that the petitioner has also lodged an FIR against the private respondent and others, which is also pending under investigation and the offence in question in both cases are bailable one. Considering the facts that there are allegation and counter allegations and the FIR has been lodged from either sides against each other, we are not inclined to interfere in the present matter. 5. Accordingly, the present petition is dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok