1 2025:CGHC:8541-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 612 of 2025 1 - Lavi Pahuja S/o Shri Ujagar Singh Pahuja Aged About 30 Years R/o Dullapur Bazar P.S. And Tah. Pandariya District - Kabirdham (C.G.) 2 - Indrajeet Singh @ Mannu S/o Shri Ujagar Singh Pahuja Aged About 36 Years R/o Dullapur Bazar P.S. And Tah. Pandariya District - Kabirdham (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through P.S. Pandariya District - Kabirdham (C.G.) 2 - Shashi Sharma W/o Parmanand Sharma Aged About 30 Years R/o Dullapur Bazar P.S. Pandariya District- Kabirdham (C.G.) (Complainant ) ... Respondent(s) For Petitioner(s) : Mr. Akhtar Hussain, Advocate For Respondent/State : Mr. Shakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 19.02.2025 1. Heard Mr. Akhtar Hussain, learned counsel for the petitioners as well as Mr. Shakib Ahmed, learned Panel Lawyer, appearing for the State/respondent No.1. 2. The present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (for short, ‘BNSS’) has been filed by the ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.02.19 17:08:13 +0530 2 petitioners with the following prayers :- “It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow this petition and quash the charge-sheet no. 342/2024, dated 11.12.2024, case registered in connection with crime no. 356/2024, under Section – 296, 74, 75, 76, 331(4), 3(5) of BNS, at Police Station – Pandariya, District – Kabirdham (C.G.) and may also quash the Criminal Case no. 1779/2024 pending before learned JMFC, Pandariya, Dist- Kabirdham (C.G.) and set free the petitioners from aforesaid allegation, in the interest of justice.” 3. The factual matrix of the case in short is that the complainant filed written complaint against the present petitioners that on dated 24.10.2024 at about 7:30 pm the petitioners were lighting crackers in the window of the house of the complainant at that time the complainant as well as her mother-in-law tried to stopped them but the petitioners did not listen to them and started abusive languages against them. Thereafter, at about 9:30 p.m. after having dinner the complainant and her younger daughter were sleeping in the room and her mother in law was sleeping at another room and when in the night at about 11:30 pm the complainant was going to her bedroom from her washroom at that time the petitioners were tried to molest the complainant at the courtyard of her house and when the complainant screamed for the help at that time her mother in law arrived on the spot and tried to save her at that time the petitioners pushed the complainant and jumped the wall and they both ran from the spot. 3 When the husband of the complainant returned from Bilaspur, she told him about the incident and on the same time she also informed about the said incident to the Sarpanch of the village. On the basis of the complaint of the complainant, the police of Police Station Pandariya, Kabirdham lodged F.I.R. on 25.10.2024 under Sections 296, 74, 331(3), 3(5) of BNS against all the petitioners and medical examination had done and spot map was also prepared. After completion of the investigation the police concerned has filed the Charge-sheet before the learned Judicial Magistrate 1st Class, Pandariya, Distt-Kabirdham (C.G.) and thereafter it was got registered as Criminal Case No. 1779/2024, but till date no charge is framed. Hence this petition. 4. Learned counsel for the petitioners submitted that the petitioners are innocent and falsely implicated in the case and they have not committed any offence as alleged against them. He further submitted that the instant FIR has been lodged only as an counter blast as complainant is working at Anganbadi wherein mother of the petitioners is also working and there were some previous issue with regard to behavior of the complainant and of her work, earlier various complaints have been made by the mother of the petitioners against the complainant. Looking to the CCTV footage of the spot the petitioners were not present on the spot at the time of incident and the petitioners had not played any role in committing the said offences. He also submitted that the complainant and her family are not having good relation with their 4 neighbors and they always create chaos and use to fight with their neighbors and there are 2 cases have already been registered against the present complainant (Shashi Sharma) as FIR no. 361/2024 (u/s-296, 351 (2), 3 (05) of IPC) and FIR no. 269/2024 (offence u/s- 294, 323, 506 of IPC) both the cases are pending against the complaint in present case. He contended that earlier on 02.07.2024 the complainant had lodged a false case against the petitioners and their family members and the same is registered as Crime no. 263/2024 (for the offence punishable under section- 294, 506, 34 of IPC) which is pending before the JMFC, Pandariya (C.G.) as Criminal case no. 999/2024. He further contended that the petitioners have already been granted regular bail, hence he prays for quashing of the further proceedings in Criminal Case No. 1779/2024 pending before learned JMFC, Pandariya, District – Kabirdham (C.G.). 5. As the allegations and counter allegations have been levelled by the petitioners and the complainant against each other and the two cases registered against the complainant are also pending consideration, we do not find any good ground for interference at this stage, accordingly, the instant petition is dismissed leaving it open to the petitioner to raise all the objections at an appropriate stage before the trial Court. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra