Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:52103-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3189 of 2025 1 - Shatrughan Sahu S/o Devcharan Sahu, Aged About 50 Years R/o Supela Bhilai, District Durg (C.G.) 2 - Sukhma Bai W/o Shatrughan Sahu, Aged About 48 Years R/o Supela Bhilai, District Durg (C.G.) 3 - Durga Sahu W/o Gopichand Sahu Aged About 30 Years R/o Sikola Basti, Jayanti Nagar, Bhilai, District Durg (C.G.) 4 - Naresh Kumar Sahu S/o Shatrughan Sahu Aged About 27 Years R/o Supela Bhilai, District Durg (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Ghumka, District Rajnandgaon (C.G.) 2 - Romeshwari Sahu W/o Naresh Sahu, Aged About 22 Years R/o C/o Purushottam Sahu, Village Khairjhiti, Post Dumardih Khurd, Tahsil And District Rajnandgaon (C.G.)
... Respondent(s) For Petitioner(s) : Mr. Ajay Kumrani, Advocate For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer and Mr. Himansh Yadu, Advocate Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Order
on Board
MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.10.28 10:37:26 +0530
2 Per
Ramesh Sinha
, Chief Justice
27.10.2025
1. Heard Mr. Ajay Kumrani, learned counsel for the petitioners. Also heard Ms. Soumya Sharma, learned Panel Lawyer for respondent No.1/State and Mr. Himansh Yadu, learned counsel, appearing for respondent No. 2.
2. The present petition has been filed by the petitioners with the following prayer:
“1) That, this Hon'ble Court may kindly be pleased to quash/set aside the FIR dated 27.05.2022 in connection with Crime No. 102/2022 under section 498A & 34 of IPC registered by the Police Station Ghumka District Rajnandgaon against the petitioners, in the interest of justice (Annexure P/1)and; 2) That, this Hon'ble Court may kindly be pleased to quash/set aside the Charge Sheet filed on 01.08.2022 for offences U/s 498A, 34, 323 & 506 of IPC against the petitioners before the Learned Judicial Magistrate First Class Rajnandgaon (Annexure P/1) and; 3) That, this Hon'ble Court may kindly be pleased to quash/set aside the cognizance order dated 02.08.2022 by which the Learned Judicial Magistrate First Class, Rajnandgaon has taken cognizance for
3 offence U/s 498A, 34, 323 & 506 of IPC (Annexure P/2) and; 4) That, this Hon'ble Court may kindly be pleased to quash/set aside the order dated 15.09.2025 with respect to the proceedings under Section 498A IPC, wherein the Ld. Trial Court continued the proceedings observing that it is non-compoundable (Annexure P/2). 5) That, this Hon'ble Court may kindly be pleased to quash/set aside the further consequential criminal proceedings in Criminal Case No. 3497/2022 in State of Chhattisgarh Vs. Shatrughan Sahu and others pending before the Learned Judicial Magistrate First Class, Rajnandgaon (C.G.), in the interest of justice. 6) That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deem fit and proper in the interest of justice.”
3.
Learned counsel for the petitioners submits that the matter has been compromised outside the Court between the petitioners and the respondents No. 2 / complainant. Further, a joint compromise application under Section 359(1) & 359(2) of BNSS was filed before the trial Court. On 15.09.2025, the learned JMFC recorded the statement of respondent No.2 (complainant) and accepted the compromise only with respect to offences under Sections 323, 506 & 34 IPC, thereby
4 acquitting the petitioners of those charges. However, the learned trial Court continued the proceedings under Section 498A IPC, observing that it is non-compoundable. The matter is now pending only for Section 498A IPC, despite the fact that Respondent No.2 does not wish to pursue any criminal action and has settled all claims.
4.
Learned counsel, appearing for respondent No. 2 /complainant also admits the said submission made by the learned counsel for the petitioners.
5. We have heard learned counsel for the parties and perused the prayers and pleadings made in the petition along with the annexures annexed in this petition.
6. From perusal of the joint compromise application under Section 359(1) & 359(2) of the BNSS, it appears that the petitioners and respondent No. 2 /complainant have already settled their dispute and compromised the matter outside the Court.
7. Taking into consideration that the dispute between the parties has been amicably settled by the parties by way of compromise deed, this Court is of the view that no useful purpose would be served in proceeding any further against the petitioners in this matter.
8. In that view of the matter, the impugned FIR bearing Crime No. 102/2022 dated 27.05.2022 registered at Police Station Ghumka, District- Rajnandgaon (C.G.) for the offence punishable under Sections 498A & 34 of the IPC, charge-sheet dated 01.08.2022, order taking
5 cognizance dated 02.08.2022 and further consequential proceedings in Criminal Case No. 3497/2022 pending against the petitioners is hereby quashed subject to the condition that the petitioners shall comply with the terms and conditions of the compromise application under Section 359(1) & 359(2) of the BNSS arrived at between the parties.
9. Accordingly, the present petition is allowed to the extent indicated herein-above. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice Manpreet