1 2025:CGHC:56937-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1516 of 2024 Satyam Shivam Sundaram S/o Durga Prasad Shukla Aged About 40 Years R/o Rajmahal Chowk, Samnapur Marg, Kawardha, Thana Kawardha, District Kabirdham (C.G.),...(Accused) ... Petitioner versus 1 - State of Chhattisgarh Through - Police Station Kawardha, District Kabirdham (C.G.) 2 - Mamta Shukla D/o Durga Prasad Shukla Aged About 36 Years R/o Rajmahal Chowk, Samnapur Marg, Kawardha, Thana Kawardha, District Kabirdham (C.G.) ... Respondents For Petitioner : Mr. Vikas Kumar Pandey, Advocate. For Respondents-State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 24 .11 .2025 1. It transpires from the order dated 19/09/2025 of this Court that the notice has been served to the respondent No.2, but none appears on behalf of respondent No.2 to press this petition. Hence, the matter was directed to be listed after two weeks. Today, when the matter has been listed, none appears on behalf of the respondent AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.11.24 18:51:10 +0530 2 No.2 inspite the service of notice, hence, at this stage, we proceed to hear the matter finally. 2. In the present petition, the petitioner has prayed for following relief:- “i. that this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner from police station Kawardha, District Kabirdham (C.G.). ii. that this Hon'ble Court may kindly be pleased to allow the petition and quash the FIR, charge sheet (challan) which has been registered as Crime No.632/2023 at Police Station Kawardha, District Kabirdham (C.G.) for offence punishable u/s 294, 323 & 506 of I.P.C. as well as proceedings of Criminal Case No. 3734/2023 pending before learned Trial Court. iii. that any other relief/order which may be deemed fit and just in the facts and circumstances of the case in the interest of justice.” 3. Learned counsel for the petitioner submits that on 10.09.2023, the complainant, namely, Mamta Shukla, who is the sister of the petitioner lodged written report against the petitioner stating that due to land dispute the petitioner has assaulted her with hand and fist. He further submits that the petitioner is an Advocate and is practicing at Civil Court, Kawardha, there is no direct evidence against the petitioner regarding assault with the complainant. The complainant has harassed the petitioner repeatedly for property 3 dispute. Learned counsel submits that the petitioner has made complaint against the complainant regarding harassment, but police has not taken any action against the complainant and after few days on 13.09.2023, the police has lodged the FIR vide Crime No. 632/2023 for offence under Section 294, 323 & 506 of IPC against the petitioner, thereafter, the police has investigated the matter and charge-sheet has been filed. Learned counsel submits that the petitioner is not having any criminal background and he belongs to well reputed family. There is a family dispute between the parties and is civil in nature. 4. Learned counsel for the respondent/State opposes the submission made by learned counsel for the petitioner and would submit that due to some land dispute, the petitioner had assaulted the complainant/respondent No.2, who is the sister of the petitioner, hence, looking to the act committed by the petitioner, aforesaid offence has been registered against him, which is just and proper. 5. We have heard learned counsel for the parties and perused the pleadings and documents. 6. Having considered the facts and circumstances of the case, the dispute between the parties is civil in nature; the complainant/respondent No.2 is the real sister of the petitioner and are belongs to same family; particularly considering that there is no direct evidence against the petitioner and further considering the fact that there is a property dispute between the parties and they 4 lodged the reports and counter reports against each other, the impugned FIR bearing Crime No.632/2023 dated 10/09/2023 registered at Police Station Kabirdham, District Kabirdham, C.G. for the offence under Section 294, 323, 506 of IPC; charge-sheet No.519/2023 dated 20/09/2023 and consequential proceedings of Criminal Case No.3734/2023 pending before the learned trial Court against the petitioner are quashed. 7. Accordingly, the present petition is allowed. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Gowri/Amardeep