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2025 DAILYLAW 6865 (CHH)

MADAN LAL DHEERHI v. STATE OF CHHATTISGARH

CRMP/415/2025 · 2025-02-03

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:5945-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 415 of 2025 1. Madan Lal Dheerhi S/o Sawantram Dheerhi Aged About 62 Years R/o Rajeev Gandhi Chowk, Manjhwapara, Jharhabhata Bilaspur, Police Station- Civil Line, District- Bilaspur, C.G. Permanent Address- House No. D-83 Abhishek Vihar, District- Bilaspur, Chhattisgarh. 2. Smt. Shashikala Dheerhi W/o Shri Madan Lal Dheerhi Aged About 58 Years R/o Rajeev Gandhi Chowk, Manjhwapara, Jharhabhata Bilaspur, Police Station- Civil Line, District- Bilaspur, C.G. Permanent Address- House No. D-83 Abhishek Vihar, District- Bilaspur, Chhattisgarh. 3. Kavita Dheerhi D/o Shri Madan Lal Dheerhi, W/o Balram Gaikwad Aged About 34 Years R/o Rajeev Gandhi Chowk, Manjhwapara, Jharhabhata Bilaspur, Police Station- Civil Line, District- Bilaspur, C.G. Permanent Address- Village- Telin-Sakti, District- Dhamtari, C.G. 4. Kanchan Dheerhi D/o Shri Madan Lal Dheerhi Aged About 32 Years R/o Rajeev Gandhi Chowk, Manjhwapara, Jharhabhata Bilaspur, Police Station- Civil Line, District- Bilaspur, C.G. Permanent Address- House No. D-83 Abhishek Vihar, District- Bilaspur, Chhattisgarh. 5. Rajkumari Dhritlahre W/o Lt. Arun Dhritlahre Aged About 46 Years R/o ITI Colony, Koni, Police Station Koni, District- Bilaspur, C.G. ... Petitioner(s) versus 1. State of Chhattisgarh Through P.S.- Civil Lines, District- Bilaspur, C.G. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.02.03 18:10:18 +0530 2 2. Smt. Sunita Dheerhi W/o Amit Dheerhi, D/o Shri Sahukar Khandekar Aged About 36 Years R/o Police Residential Quater, P.S.- City Kotwali, Korba, District- Korba, Chhattisgarh, Permanent Address- Ameri, Infront Of Dr. Meeri House, Bilaspur, P.S. - Civil Lines, District- Bilaspur, C.G. ...Respondent(s) For Petitioners : Mr. Chitendra Singh, Advocate. For Respondent/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 03 .02.2025 1. Heard Mr. Chitendra Singh, learned counsel for the petitioners. Also heard Mr. Malay Jain, learned Panel Lawyer, appearing for respondent No. 1/State. 2. The present petition has been filed by the petitioners with the following prayers: “1. That, this Hon’ble Court may kindly be pleased to quash the FIR No. 0517 of 2018 dated 09.06.2018 registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.) for offence punishable under Sections 498A, 506 & 34 of the Indian Penal Code, on the basis of complaint made by respondent No. 2. 2. That, this Hon’ble Court may kindly be pleased to quash entire charge-sheet bearing registration No. 425 3 of 2019 dated 21.09.2019 submitted before Chief Judicial Magistrate, Bilaspur, District Bilaspur (C.G.) by the concern Police authority against the petitioners. 3. That, this Hon’ble Court may kindly be pleased to quash the order of cognizance dated 23.11.2019 by which the learned Judicial Magistrate First Class, Bilaspur, District Bilaspur (C.G.) has taken cognizance for the offences punishable under Sections 498-A, 506 & 34 of the Indian Penal Code, arising out of FIR No. 0517 of 2018 dated 09.06.2018 registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.). 4. That, this Hon’ble Court may kindly be pleased to quash the charge-memo framed on 10.12.2019 for offence punishable under Section 498-A & 34 against the petitioners in Criminal Case No. 4449 of 2019 pending before of Judicial Magistrate First Class, Bilaspur, District Bilaspur (C.G.). 5. That, this Hon’ble Court may further be kindly pleased to quash the entire criminal proceeding initiated in Criminal Case No. 4449 of 2019 arising out of FIR No. 0517 of 2018 dated 09.06.2018 for offence punishable under Section 498-A, 506 & 34 of the Indian Penal Code registered at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.), which is pending before Judicial Magistrate First Class, 4 Bilaspur, District Bilaspur (C.G.). 6. Any other relief which the Hon’ble Court deems fit under the facts and circumstances of the case, may kindly be granted to the petitioners.” 3. Learned counsel for the petitioners seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition to arraying the husband of the respondent No. 2/complainant, as one of the petitioner. 4. Learned State counsel has no objection. 5. In view of the submission made by the learned counsel for the petitioners, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for. 6. Certified copies of the entire charge-sheet, entire order-sheets, memo of charge framed against the petitioners and statements recorded before the trial Court may be returned back to the petitioners after retaining the photocopy of the same. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan