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2025 DAILYLAW 7469 (CHH)

LALMAN PRASAD SAO v. STATE OF CHHATTISGARH

CRMP/446/2025 · 2025-02-07

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:6947-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 440 of 2025 1 - Smt. Manju Lata Mahto W/o Shri Shiv Kumar Mahto Aged About 57 Years R/o Village Barpali, Tahsil Kartala, District Korba Chhattisgarh 2 - Shiv Kumar Mahto S/o Late Kamta Prasad Mahto Aged About 58 Years R/o Village Barpali, Tahsil Kartala, District Korba Chhattisgarh 3 - Vikas Ranjan Mahto S/o Shri Shiv Kumar Mahto Aged About 34 Years R/o Village Barpali, Tahsil Kartala, District Korba Chhattisgarh --- Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home Affairs, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 2 - Superintendent Of Police District Korba Chhattisgarh 3 - Station House Officer Urga, District Korba Chhattisgarh 4 - Renuka Mahto W/o Vikas Ranjan Mahto Aged About 29 Years R/o Annpurna Colony Sector 2, Quarter No. 24, Sirgitti, Bilaspur District Bilaspur Chhattisgarh --- Respondents CRMP No. 446 of 2025 1 - Lalman Prasad Sao S/o Late Bhuneshwar Prasad Sao, Aged About 36 Years R/o Tilkeja Police Station Urga Tahsil And District Korba (C.G.). BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.02.07 18:08:03 +0530 2 2 - Lov Kumar Jaiswal, S/o Late Cachu Lal Aged About 51 Years R/o Surya Vihar Lingyadih, Tahsil And District Bilaspur (C.G.). 3 - Madhu Jaiswal W/o Lov Kumar Jaisawal, Aged About 39 Years R/o Surya Vihar Lingyadih, Tahsil And District Bilaspur (C.G.). ---Petitioners Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Home Affairs, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - Superintendent Of Police District Korba Chhattisgarh. 3 - Station House Officer Urga, District Korba Chhattisgarh. 4 - Renuka Mahto W/o Vikas Ranjan Mahto Aged About 29 Years R/o Annpurna Colony Sector 2, Quarter No. 24, Sirgitti, Bilaspur District Bilaspur Chhattisgarh. --- Respondents For Petitioners : Mr.Sunil Otwani and Mr.Shobhit Koshta, Advocates For Respondent No.1 to 3/State For Respondent No.4 : : Mr.Malay Jain, Panel Lawyer Mr.Hari Agrawal, Advocate Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon’ble Shri Justice Amitendra Kishore Prasad, Judge Order on Board Per Ramesh Sinha, CJ 07/02/2025 1. Heard Mr.Sunil Otwani and Mr.Shobhit Koshta, learned counsel for the petitioners. Also heard Mr.Malay Jain, learned 3 Panel Lawyer appearing for respondents No.1 to 3/State and Mr.Hari Agrawal, learned counsel appearing for respondent No.4, on advance copy. 2. The petitioners have filed these petitions under Section 528 BNSS with following prayer:- “It is therefore humbly prayed that the Hon’ble Court may kindly be pleased to recall the order dated 10/12/24 and further order may kindly be passed deem appropriate by the Hon’ble Court so that the petitioners cannot be forced to face the criminal trial before the court of Learned Judicial Magistrate, First Class, Korba, District-Korba, CG in Criminal Case No.2013/2020.” 3. Learned counsel for the petitioners submitted that the matter was finally disposed off by this Court on the basis of compromise entered into between the parties before the Mediation Center of this Court and the statements of respondent No.4-Renuka Mahto and her husband Vikas Ranjan Mahto (petitioner No.3 in CRMP No.440/2025) have been recorded before the Additional Registrar (Judicial) of this Court on 25.07.2023. 4. Perusal of the statements of the parties goes to show that the matter has been compromised between the parties subject to fulfillment of terms and conditions as has been mentioned in 4 CRMP No.261/2021 and CRMP No.266/2021. Copy of order- sheet of the trial Court dated 19.12.2025 has been produced by the learned counsel for the petitioners, which goes to show that the trial Court has fixed the case for further orders on 27.2.2025. 5. As the matter has already been compromised between the parties and the statements of respondent No.4-Renuka Mahto and her husband Vikas Ranjan Mahto have been recorded before the Additional Registrar (Judicial) of this Court on 25.07.2023, we quash the criminal proceedings pending before the Judicial Magistrate First Class, Korba in Criminal Case No.2013/2020 arising out of Crime No.306/2019 registered at Police Station Urga, District Korba for offence under Sections 498A and 323/34 of the IPC, subject to fulfillment of terms and conditions of the compromise arrived at between the parties. Order accordingly. 6. The petitions are allowed to the extent indicated hereinabove. Sd/- Sd/- (Amitendra Kishore Prasad) (Ramesh Sinha) Judge Chief Justice Bablu