Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4780 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 908 of 2024 Ritesh Giri S/o Santosh Giri Aged About 19 Years R/o Bilari, P.S. Shiverinarayan, District- Janjgir-Champa, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Shiverinarayan, District Janjgir- Champa (C.G.) 2 - Dhaniram Khunte S/o Dhumdas Khunte, Aged About 65 Years R/o Ward No.20, House No. 378, Kohka, Post Bilari, District Janjgir-Champa (C.G.) 3 - Mahendra Khunte S/o Dhaniram Khunte, Aged About 35 Years R/o Ward No.20, House No. 378, Kohka, Post Bilari, District Janjgir-Champa (C.G.) --- Respondent For Petitioner : Mr. Virendra Verma, Advocate. For Respondent -State : Ms. Pragya Shrivastava, Dy. GA. For Respondent No.2 & 3 : Mr. Purnendra Khichariya, Advocate. Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 27/01/2025
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1. Petitioner has filed this petition invoking jurisdiction of this Court under Section 482 of Cr.P.C. seeking quashment of Special Criminal Case No.09/2023 pending before Special Judge (Atrocities), Janjgir, Distt - Janjgir-Champa, (CG) arising out of FIR bearing Crime No.309/2022 registered by complainant on 03.10.2022 at PS -Shivrinarayan, District Janjgir- Champa (C.G.) for offence under Sections 147, 148, 149, 294, 506, 323 of the IPC. 2. Facts relevant for disposal of this petition is that on 02.10.2022, present petitioner alongwith other co-accused persons have assaulted the respondent No.3/Mahendra Khunte (son of complainant) by hands and fist, due to which, respondent no.3 suffered injuries and he was taken to the hospital. On 03.10.2023, complainant (father of Mehndra Khunte) lodged report in the P.S – Shivrinaraya and based upon which, F.I.R was registered against the petitioner alongwith other co-accused persons for offence under Sections 147, 148, 149, 294, 506, 323. 3. On completion of investigation, final report/charge-sheet has been filed against the accused persons for offence under Sections 147, 148, 149, 294, 506, 323 and 326 of IPC and Section 3(2)(v)(A) of the SC/SC (Prevention of Atrocities) Act. 4. After completion of trial, vide judgment dated 09.06.2023, trial Court has acquitted Bhupesh Sahu @ Bittu Sahu, Tejeshwar @ Lokesh, Sajan Patel @ Lalu, Prabhakar Yadav, Banti Kumar Sahu & Yash Kumar Sahu. 5. Learned counsel for the petitioner submits that charge-sheet has been filed against the present petitioner under Section 173(8) of the
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During pendency of criminal case, settlement arrived between the petitioner and respondents/complainant parties and their statement is also recorded before the Additional Registrar (Judicial) of this Court on 11.09.2024 and as per settlement between the parties, complainant does not want any further action against the present petitioner pursuant to FIR registered on his complaint. The parties have filed joint application for compromise before this Court on 18.08.2024 as the offence under Sections 147, 148, 149, 294, 506, 323 are compoundable in nature, however, Section 3(2)(v) of the SC/SC (Prevention of Atrocities) Act is to be compromised/quashed. As the parties have entered into compromised, FIR as well as criminal case pending before the Special Judge (Atrocities), Janjgir, Distt - Janjgir-Champa, (CG) be quashed. 6. Learned State Counsel as well as learned counsel for the respondents/complainant do not dispute the submission of learned counsel for petitioner with regard to compromise arrived at between the parties and their statements, which was recorded before the Additional Registrar (J) of this Court. 7. Heard learned counsel for respective parties and perused document placed on record. 8. Considering aforementioned facts of the case, submissions of counsel for respective parties, particularly the fact parties have entered into the amicable settlement, statements of the parties recorded before Additional Registrar (J), I am inclined to allow the petition. -4-
9. Accordingly, the instant petition is allowed. Special Criminal Case No.09/2023 pending against the petitioner before Special Judge (Atrocities), Janjgir, Distt - Janjgir-Champa, (CG) arising out of FIR bearing Crime No.309/2022 registered by complainant on 03.10.2022 at PS -Shivrinarayan, District Janjgir- Champa (C.G.) for offence under Sections 147, 148, 149, 294, 506, 323 of the IPC is hereby quashed. CC as per rules. Sd/- (Arvind Kumar Verma) Judge J/-