1 2025:CGHC:34821-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 277 of 2023 1 - Simran Pal Singh Sabharwal S/o Shri Rajinder Pal Singh Sabharwal Aged About 36 Years R/o Paragaon, Venkatadri Apartments, 3-4-812, Float No. 401-A, Barkatpura, Himayatpura, Hyderaba, Telangana, Presently R/o 6388 No. 5 Road, Richmond, British Columbia, Canada V6y2t9 2 - Rajinder Pal Singh Sabharwal S/o Late Shri Ranjit Singh Sabharwal Aged About 67 Years R/o Paragaon, Venkatadri Apartments, 3-4-812, Flat No. 401-A, Barkatpura, Himayatpura, Hyderabad, Telangana 3 - Manjeet Kaur Sabharwal W/o Shri Rajinder Pal Singh Sabharwal Aged About 59 Years R/o Paragaon, Venkatadri Apartments, 3-4-812, Flat No. 401-A, Barkatpura, Himayatpura, Hyderabad, Telangana 4 - Gagan Pal Singh Sabharwal S/o Shri Rajinder Pal Singh Sabharwal Aged About 39 Years R/o Paragaon, Venkatadri Apartments, 3-4-812, Flat No. 401-A, Barkatpura, Himayatpura, Hyderabad, Telangana 5 - Avneet Kaur Sabharwal W/o Shri Gagan Pal Singh Sabharwal Aged About 37 Years R/o Paragaon, Venkatadri Apartments, 3-4-812, Flat No. 401-A, Barkatpura, Himayatpura, Hyderabad, Telangana ... Petitioner(s) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.07.22 18:42:43 +0530 2 versus 1 - State Of Chhattisgarh Through District Magistrate, Raipur, Tehsil And District Raipur Chhattisgarh 2 - Station House Officer Police Station Womens Cell, Raipur, Tehsil And District Raipur Chhattisgarh 3 - Smt. Ginni Chhabra Sabharwal W/o Simran Pal Singh Sabharwal Aged About 36 Years R/o C-37, H.I.G. Sector 1, Devendra Nagar, Raipur, District Raipur Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) :Shri Samrath Singh Marhas, Advocate. For Respondent/State :Shri Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 22.07.2025 1. Heard Shri Samrath Singh Marhas, learned counsel for the petitioners. Also heard Shri Nitansh Jaiswal, learned Panel Lawyer for the State/respondent Nos. 1 & 2. 2. The present Cr.M.P. has been filed with the following prayer:- “ It is, therefore, prayed that the Hon’ble Court be pleased to quash and set-aside the First Information Report dated 03.09.2021, Annexure P/1 the charge sheet Annexure P/2 3 and the order taking cognizance, Annexure P/3 passed by trial Court against the petitioners and all the consequential proceedings flowing therefrom. This Hon’ble Court be further pleased to pass such other orders as it may deem fit under the facts and circumstances of the case in favour of the petitioner against the respondent”. 3. Learned counsel for the petitioners would submit that admittedly the respondent No. 3 who is the then wife of the petitioner No. 1 is living in abroad and the petitioner No.1 is also living in abroad and it is stated on 10.03.2023, as it reflects from the order sheet that the notice was permitted to be sent through E-mail address of the respondent no. 3. In Pursuance of the same, he has sent the E-mail for serving notice and the same has been brought on record dated 20.03.2023. 4. As per the Office report dated 22.03.2023, in compliance of Court’s order dated 17.02.2023 & 10.03.2023 counsel for the petitioner has filed process fee through ordinary mode for respondent no. 3 on dated 20.02.2023 and furnished e-mail address on dated 20.03.2023. Notice issued to respondent no. 3 on admission & I.A. No. 1 through E-mail. 5. It is submitted that the parties have entered into compromise during pendency of the present petition. It is submitted that under Section 13 (B) of Hindu Marriage Act 1955, divorce has 4 already been granted by the Court of the Judge, II Addl. Family Court at Hyderabad on 06.03.2023 in O.P. No. 901/2021, a photocopy of the order is annexed with the covering memo dated 22.07.2025. 6. An affidavit has been filed by the respondent no. 3 dated 24.03.2023, whereby in para no. 4 it has been admitted that the divorce by mutual consent before the Family Court Hyderabad has been decreed and further in para 5, she say so that she does not wish to prosecute her FIR which was registered at Police Station Women’s Cell, Raipur at Crime No. 63/2021 and all consequential proceedings flowing therefrom, which is the subject matter of the present petition. The said affidavit has been brought on record by the petitioner who has filed his affidavit which is annexed with covering memo dated 17.04.2023. 7. In view of forgoing reason and considering the fact that the parties obtained the mutual divorce, and further considering the fact that the respondent no. 3, the then wife of the petitioner no. 1, does not wish to prosecute her FIR which was registered at Police Station Women’s Cell, Raipur at Crime No. 63/2021 and all consequential proceedings flowing therefrom. Accordingly FIR No. 63/2021 dated 03.09.2021, Charge Sheet dated 31.12.2021 5 pending before the Court of Judicial Magistrate First Class, and all the consequential proceedings arising out of above stated FIR against the petitioners are here by quashed. 8. In view of the above the writ petition is allowed to the above extent. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Shoaib/Amardeep