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2025 DAILYLAW 53897 (CHH)

SIYARAM SAHU @ DURGESH SAHU v. STATE OF CHHATTISGARH

CRMP/726/2025 · 2025-02-26

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:9771-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 726 of 2025 1 - Siyaram Sahu @ Durgesh Sahu S/o Dhansay Sahu Aged About 34 Years R/o Sakin Gondaiya Auklahipara, Thana Ratanpur, Distt. Bilaspur (C.G.) 2 - Dhansay Sahu S/o Late Mukunda Sahu Aged About 59 Years R/o Sakin Gondaiya Auklahipara, Thana Ratanpur, Distt. Bilaspur (C.G.) 3 - Babulal Sahu S/o Dhansay Sahu Aged About 39 Years R/o- Sakin Gondaiya Auklahipara, Thana Ratanpur, Distt. Bilaspur (C.G.) 4 - Punnibai Sahu W/o Dhansay Sahu Aged About 45 Years R/o- Sakin Gondaiya Auklahipara, Thana Ratanpur, Distt. Bilaspur (C.G.) 5 - Punita Sahu W/o Babulal Sahu Aged About 31 Years R/o Sakin Gondaiya Auklahipara, Thana Ratanpur, Distt. Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Mahila Thana, District Bilaspur (C.G.) 2 - Smt. Chameli Bai Sahu W/o Siyaram Sahu @ Durgesh Sahu Aged About Years, R/o Sakin Gondaiya Auklahipara, Thana Ratanpur, Distt. Bilaspur (C.G.)(Complainant) ... Respondent(s) ----------------------------------------------------------------------------------------------- For Petitioners : Mr. Himanshu Yadu, Advocate For Respondent No.1/State : Mr. Shailendra Sharma, Panel Lawyer For Respondent No.2 : Mr. Vijay Chawla, Advocate ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 27.02.2025 1. Heard Himanshu Yadu, learned counsel for the petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.02.27 14:47:18 +0530 2 for the State/respondent No.1 and Mr. Vijay Chawla, learned counsel, appearing for respondent No.2. 2. The present petition has been filed by the petitioner under Section 582 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayers :- “i. That, this Hon'ble Court may kindly be please to quash/set-aside the F.I.R. dated 14.11.2023 in connection with Crime no. 755/2023 under section 498. A, 294, 323, 506, 34, 307, 511 of IPC registered by police station Ratanpur against the petitioners in the interest of justice and ii. That, this Hon'ble Court may kindly be please to quash/set-aside the Charge-Sheet, Chare-sheet no. 509/2024, dated 03.10.2024 u/s 498 A, 294, 323, 506, 34, 307, 511 of IPC in connection with crime no 755/2023 against the petitioners and iii. That, this Hon'ble Court may kindly be please to quash/set-aside the cognizance order dated 03.10.2024 by which the learned session judge, Bilaspur District- Bilaspur has taken cognizance in charge-sheet no. 509/2024 filed by P.S. Ratanpur for offence u/s 498A, 294, 323, 506, 34, 307, 511 of IPC, in Session Case No. 184/2024 and iv. That, this Hon'ble Court may kindly be please to quash/set-aside the order dated 18.11.2024 framing of charges in offense u/s 498-A, 294, 307 read with 34 against the petitioners arising out of Charge sheet 509/2024 dated 03.10.2024 in criminal proceeding in Session Case no. 184/2024 in state of C.G. vs Siyaram Sahu@ Durgesh Sahu and v. That, this Hon'ble Court may kindly be please to 3 quash/set-aside further consequential criminal proceeding in Session case no. 184/2024 in State of C.G. vs Siyaram Sahu @ Durgesh Sahu pending before learned Court of Special Judge SC & ST (PA) Act 1989 Additional Charge Upper Session Judge (F. T. C.), Bilaspur District- Bilaspur (C.G.) In the interest of justice and vi. That the Hon'ble Court may kindly be pleased to grant any other relief as it may deem fit in the interest of justice.” 3. Learned counsel for the petitioners submits that comprise has been taken between the petitioners and the private respondent No.2 being a matrimonial dispute, a copy of the compromise deed has been filed along with this petition as Annexure-P/4. 4. In view of the same, learned counsel for parties are directed to appear before the trial Court concern, who shall verify the compromise deed and pass appropriate orders in accordance with law within a period of four weeks. 5. With the aforesaid observation and direction, the instant petition stands disposed of. 6. Office is directed to return the original compromise deed (Annexure-P/4) to learned counsel for the petitioners after retaining the photocopy of the same. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra