1 2025:CGHC:40023-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2500 of 2025 Sanjay Kumar S/o Late Shri Shambhu Dayal Aged About 35 Years (Wrongly Mentioned As Sanjay Kumar Ahirwar In The Impugned F.I.R.) (Wrongly Mentioned As Shambhu Dayal Ahirwar In The Impugned F.I.R.), R/o Quarter No. 61, Ujjwal Nagar, Seepat Township (Wrongly Recorded As Quarter No. C - 61, Ntpc Township, Seepat In The Impugned Fir), District- Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through- Incharge of Police Station- Seepat, District- Bilaspur (C.G.) 2. Shreya Bharti W/o Sanjay Kumar Aged About 34 Years D/o Jawahar Ram, R/o. Quarter No. 61, Ujjwal Nagar, Seepat Township, District- Bilaspur, Chhattisgarh. Currently Residing At- Collector Bungalow, Near Town Hall, Dallirajhara Road, Balod, District- Balod, Chhattisgarh. ...Respondent(s) For Petitioner : Mr. Manoj Paranjpe, Senior Advocate, assisted by Mr. Soumitra Kesharwani, Advocate. For Respondent/State : Mr. Swajeet Ubeja, Panel Lawyer. For Respondent No. 2 : Mr. Prateek Singh Thakur, Advocate. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.08.13 10:53:13 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 11 .08.2025 1. Heard Mr. Manoj Paranjpe and Mr. Soumitra Kesharwani, learned counsel for the petitioner. Also heard Mr. Swajeet Ubeja, learned Panel Lawyer, appearing for respondent No. 1/State and Mr. Prateek Singh Thakur, learned counsel, appearing for respondent No. 2. 2. The present petition has been filed by the petitioner with the following prayers: “I. That the Hon’ble Court may kindly be pleased to allow the instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed by the petitioner, namely, Sanjay Kumar (wrongly mentioned as Sanjay Kumar Ahirwar in the impugned FIR i.e. Annexure P/1). II. That the Hon’ble Court may kindly be pleased to quash the FIR bearing No. 372 of 2025, registered on 01.07.2025, registered at Police Station Seepat, District Bilaspur (Chhattisgarh), for the incident occurred from 28.09.2023 to 26.06.2025 and registered on the instance of respondent No. 2/complainant for the offence punishable under Section 79 of Bharatiya Nyaya Sanhita, 2023 against the petitioner herein. 3 III. That, this Hon’ble Court may kindly be pleased to grant any other relief, which it deems fit and proper in facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that the petitioner and respondent No. 2/complainant have amicably resolved their disputes and, in pursuance thereof, executed a detailed Memorandum of Understanding (MOU)/Compromise Agreement dated 24.07.2025. The original MOU has been placed on record before the Family Court, Bilaspur, along with an application under Section 13-B of the Hindu Marriage Act, 1955, registered as C.S. No. 617A/2025. A certified copy of the said MOU is annexed as Annexure P/2. 4. It is further submitted by the learned counsel for the petitioner that, as per the terms of settlement, both parties have mutually agreed to seek a decree of divorce by mutual consent. The respondent No. 2/complainant has expressly undertaken that she shall not claim maintenance or any other relief against the petitioner and shall extend full cooperation in the quashing of FIR bearing Crime No. 372 of 2025, dated 01.07.2025. In turn, the petitioner has agreed to withdraw Matrimonial Case No. 378 of 2025, instituted under Section 9 of the Hindu Marriage Act, 1955, and presently pending before the Family Court, Jhansi. 5. It is further stated by the learned counsel for the petitioner that, in compliance with the settlement, the petitioner has paid an amount of Rs.5,00,000/- through State Bank of India, Branch Bundelkhand University, Jhansi, vide Demand Draft No. 067275, as the first installment of the final settlement amount. This payment stands acknowledged in the 4 order of the Family Court dated 24.07.2025. 6. Learned counsel for the petitioner also points out that no charge- sheet has yet been filed in connection with the impugned FIR and that the matter remains at the stage of investigation. It is submitted that the dispute being purely matrimonial in nature, the continuation of criminal proceedings would serve no useful purpose and would amount to an abuse of the process of law. 7. Learned counsel, appearing for respondent No. 2/complainant fairly concedes to the submissions of the petitioner and states that the respondent No. 2/complainant has no objection to the quashing of the impugned FIR. 8. Upon consideration of the submissions advanced by the learned counsel for the parties, the nature of the dispute, and the fact that the parties have arrived at an amicable settlement, this Court is of the view that no fruitful purpose would be achieved by permitting the criminal proceedings to continue. The matter being matrimonial in nature, the principles laid down by the Hon’ble Supreme Court in the matter of Gian Singh v. State of Punjab, reported in (2012) 10 SCC 303, and Narinder Singh v. State of Punjab, reported in (2014) 6 SCC 466, squarely apply. In Gian Singh (supra), the Hon’ble Supreme Court held that criminal proceedings arising out of matrimonial disputes may be quashed where the parties have amicably resolved their differences. In Narinder Singh (supra), the Court summarized the guiding principles for the High Court in exercising powers under Section 482 Cr.P.C. in such circumstances. 5 9. In light of the aforesaid legal position and the undisputed fact of settlement, the present petition is allowed and FIR bearing Crime No.372 of 2025, registered on 01.07.2025 at Police Station Seepat, District Bilaspur (C.G.), for the offence punishable under Section 79 of the BNS, together with all consequential proceedings arising therefrom, is hereby quashed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan