1 2025:CGHC:55276-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3426 of 2025 1 - Nisha Koshik W/o Devendra Koshik Aged About 33 Years Working As Opd Doctor At Mahadev Super-Specialty Hospital Bilaspur (C.G.) 2 - Ajay Yadav S/o Pancham Yadav Aged About 36 Years Working As Operation Incharge At Mahadev Super-Specialty Hospital Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Sho Police Station Bodla District- Kabirdham C.G. 2 - Smt. Madhu Sahu W/o Satish Sahu R/o Village Karesara Police Chowki Pondi, Police Station Bodla District- Kabirdham C.G. ... Respondent(s) For Petitioner(s) : Mr. Gagan Tiwari, Advocate For Respondent No.1-State : Ms. Saumya Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 13.11.2025 1. Heard Mr. Gagan Tiwari, learned counsel for the petitioners as BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR 2 well as Ms. Saumya Sharma, learned Panel Lawyer appearing for respondent No.1/State. 2. The present petition has been filed by the petitioners under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayer:- “(i) Quash and set aside the Cognizance Order dated 24.06.2022 passed in Sessions Trial No. 65/2019 pending before the learned Add. Judge to the court of Additional Sessions Judge, District Kabirdham (C.G.) by which cognizance is taken against the petitioner for the offence punishable under Section 498(A), 34, 313, 467, 468, 471 and Section 5 of Medical Termination of Pregnancy Act, 1971, and (ii) Quash and set aside Supplementary Final Report dated 25/04/2022 in crime no.93 of 2019 for the offence punishable under Section 498(A), 34, 313, 467, 468, 471 and Section 5 of Medical Termination of Pregnancy Act, 1971 arising out of FIR dated 20/05/2019 under Section 498(a), 34 of the IPC in crime no.93 of 2019 registered at Police Station Bodla, Kabirdham; and (iii) Quash the entire criminal proceedings arising out of Crime No. 93/2019 for the offences punishable under Sections 498-A, 34, 313, 467, 468, 471 of the Indian Penal Code and Section 5 of the Medical Termination of Pregnancy Act, 1971, pending before the Court of learned Add. Judge to the Court of Additional Sessions Judge, District Kabirdham (C.G.), against the petitioners; 3 (iv) Pass such other or further order(s) as this Hon'ble Court may deem fit, proper and just in the facts and circumstances of the present case, to secure the ends of justice.” 3. The facts of the case are that petitioner No. 1-Nisha Koshik, was working as an OPD Doctor and petitioner No. 2-Ajay Yadav, was employed as Operation Incharge (Compounder) at Mahadev Super-Specialty Hospital, Bilaspur (C.G.). In the course of their employment at the said hospital, the petitioners were discharging their professional duties and assisting the senior doctor. Respondent No. 2/complainant, who has been married to Satish Sahu since 22.04.2018, lodged a written complaint before the police on 23.03.2019 alleging that she was subjected to harassment by her husband and in-laws for bringing insufficient dowry. She further alleged that the foetus she was carrying was illegally aborted by her in-laws at Mahadev Super-Specialty Hospital, Bilaspur. 4. Based on the complaint of respondent No. 2, Crime No. 93/2019 was registered on 20.05.2019 against her husband Satish Sahu, and her in-laws Ramchandra Sahu, Suhaga Bai, and Vikas Sahu for offence punishable under Sections 498-A and 34 of the IPC. A final report was filed on 11.12.2019 for offence punishable under Sections 498-A, 34, 313, 467, 468, 471 of the IPC and Section 5 of the Medical Termination of Pregnancy Act, 1971, before the Court of learned Additional Judge to the Court of Additional 4 Sessions Judge, District Kabirdham, Chhattisgarh. Subsequently, upon further investigation, a supplementary final report was filed on 25.04.2022 against the present petitioners and Dr. Apoorva Tiwari for offences punishable under Sections 498-A, 34, 313, 467, 468, 471 of the IPC and Section 5 of the Medical Termination of Pregnancy Act, 1971, before the same Court. Hence, this petition. 5. Learned counsel for the petitioners submits that, even if the allegations made in the charge-sheet and the material collected during investigation are taken at their face value, the only offence that could, at best, be said to be made out against the petitioners is one under Section 313 of the Indian Penal Code (IPC). It is further submitted that the proceedings initiated against co- accused Smt. Dr. Apurva Tiwari Bilse, who was similarly placed and facing identical allegations, have already been quashed by this Court vide order dated 06.08.2025 passed in CRMP No. 1910 of 2022, and therefore, the petitioners are entitled to the same relief on the ground of parity. 6. Today the case is fixed for framing of charge before the trial Court as stated by learned counsel for the petitioners. The petitioners have approached this Court seeking quashment of the criminal proceedings as well as the supplementary charge-sheet dated 25.04.2022, which was filed against them pursuant to further investigation. It is, however, pertinent to note that the petitioners 5 have approached this Court after a considerable delay of about three years from the date of submission of the said supplementary charge-sheet. 7. Considering the fact that proceedings against co-accused Smt. Dr. Apurva Tiwari Bilse have already been quashed by this Court, it is observed that the petitioners shall be at liberty to raise the said plea before learned trial Court at the appropriate stage. The trial Court, if such a plea is raised, shall duly consider the same on its own merits and in accordance with law, taking into account the order passed by this Court in CRMP No. 1910 of 2022, and thereafter pass a speaking and reasoned order in accordance with law. 8. With the aforesaid observation, the petition stands dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu