Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4164-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 263 of 2025 Priyank Shrivastava S/o Kamla Shankar Shrivastava Aged About 29 Years R/o D/20, Nehru Nagar, Rajnandgaon, Police Station Kotwali, District Rajnandgaon Chhattisgarh.
... Petitioner(s) versus
1. State of Chhattisgarh Through Station House OfÏcer, Police Station Mahila Thana, District Durg, Chhattisgarh.
2. Smt. Prachi Shrivastava W/o Priyank Shrivastava Aged About 28 Years R/o Plot No. 28, Road No. 01, Model Town, Bhilai, Supela, Durg, District Durg Chhattisgarh.
...Respondent(s) For Petitioner : Mr. Manoj Paranjpe, Advocate. For Respondent/State : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Ravindra Kumar Agrawal
, Judge
Judgment
on Board
Per
Ramesh Sinha
, Chief Justice
23 .0 1 .202
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1. Heard Mr. Manoj Paranjpe, learned counsel for the petitioner. Also heard Mr. Swajeet Ubeja, learned Panel Lawyer, appearing for respondent No. 1/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.01.23 18:29:00 +0530
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2. The present petition has been filed by the petitioner with the following prayers:
“i. To kindly quash the FIR dated 21.06.2022 bearing No. 62 of 2022 registered at Police Station Mahila Thana, District Durg (C.G.) against the petitioner for the offence under Section 498-A read with Section 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act, 1961. ii. To kindly quash the impugned final report bearing No. 60 of 2022 filed against the petitioner under Section 498-A read with Section 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act, 1961 (Annexure P/1). iii. To kindly quash impugned order dated 28.09.2022, whereby the learned Judicial Magistrate First Class, Durg, District Durg (C.G.), has taken cognizance of the impugned charge-sheet and registered the impugned criminal proceedings of Criminal Case RCC No. 9787 of 2022 pending before Judicial Magistrate First Class, Durg in the matter of State of Chhattisgarh vs. Priyank Shrivastava. iv. To kindly quash the order dated 08.11.2024, whereby the learned trial Court has rejected the application under Section 320(2) of Code Criminal Procedure, and further the order of framing of charge
3 dated 09.09.2024 for an offence under Section 498-A read with Section 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act, 1961 may also kindly be quashed in the interest of justice. v. And to kindly grant any other relief to the petitioner as this Hon’ble Court may deem fit and proper in facts and circumstances of the case, may also be granted to the petitioner.”
3.
Learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition annexing the order taking cognizance, on the basis of which charge-sheet has been submitted against the petitioner before the competent Court.
4. Learned State counsel has no objection.
5. In view of the submission made by the learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice Brijmohan