1 2025:CGHC:57116-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3568 of 2025 Thomas Tirkey S/o Devat Tirkey, Aged About 42 Years R/o Village H/09, R.D.A. Colony, Tikrapara, Raipur, District Raipur (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through Its Secretary, Department of Home, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.) 2. Station House Officer, Police Station Devendra Nagar, Raipur, District Raipur (C.G.) 3. Megheshwar Kumar S/o Late Balmukund Sahu, Aged About 57 Years R/o Ward No. 2 Beechpara Bhothli Post Office Farsiyaan P.S. Nagri, District Dhamtari (C.G.) (Original Complainant Balmukund Sahu Who Is Died On 03.02.2022 As Per Death Certificate Through Legal Heirs His Son Present Complainant) (Copy Of Death Certificate And Adhar Card Are Being Filed Herewith Collectively As Annexure P-4) ...Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Umesh Pandey, Advocate. For Respondent/State : Mr. Soumya Rai, Panel Lawyer. For Respondent No. 3 : Mr. Pawan Kumar Kashyap, Advocate. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.11.26 10:37:15 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 25 .11.2025 1. Heard Mr. Umesh Pandey, learned counsel for the petitioner. Also heard Mr. Soumya Rai, learned Panel Lawyer, appearing for the State/respondents No. 1 & 2 and Mr. Pawan Kumar Kashyap, learned counsel, appearing for respondent No. 3. 2. The present petition has been filed by the petitioner with the following prayers: “1. That, Hon’ble Court may kindly be pleased to allow the instant petition under Section 528 of BNSS, 2023 filed by the petitioner, in the interest of justice. 2. That, Hon’ble Court may kindly be pleased to quash the impugned FIR bearing No. 122 of 2016 registered on dated 20.11.2016 at Police Station Devendra Nagar, Raipur, District Raipur Chhattisgarh for commission of offence under Section 420, 467, 468, 201, 34 of the Indian Penal Code in respect of the case of the petitioner, in the interest of justice. 3. That, Hon’ble Court may kindly be pleased to quash entire charge-sheet dated 07.02.2017 and proceeding of Criminal Case No. 2210 of 2017 pending before learned Judicial Magistrate First Class Raipur Chhattisgarh under Section 420, 467, 468 201, 34 of the Indian Penal Code and cognizance dated 3 10.02.2017 against the petitioner in the interest of justice. 4. That, the Hon’ble Court may kindly grant any other reliefs in favour of the petitioner, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, in the interest of justice.” 3. It is pointed out by learned counsel for the petitioner that although the case pertains to the year 2016, charges were framed against the petitioner on 06.05.2017, and despite the lapse of nearly eight years, no prosecution evidence has been adduced. In the meantime, the parties have entered into a voluntary and genuine compromise. It is further submitted that respondent No. 3 has filed an affidavit categorically stating that no dispute now survives between the parties and that he is not desirous of pursuing the proceedings any further. A copy of the said affidavit has been placed on record as Annexure P/3. 4. Learned counsel appearing for respondent No. 3 affirms the submissions advanced on behalf of the petitioner and admits the factum as well as the validity of the compromise. 5. We have heard learned counsel for the parties and have carefully perused the pleadings, the reliefs sought, and the documents placed on record. 6. In view of the submissions made and considering the amicable settlement arrived at between the parties, we deem it appropriate to direct the parties to appear before the learned trial Court concerned and file an appropriate application under the relevant provisions of law 4 seeking recognition of the compromise. The learned trial Court shall verify the genuineness and voluntariness of the compromise and pass necessary orders strictly in accordance with law. 7. In light of the above, the present petition stands disposed off, in terms of the directions indicated hereinabove. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan