Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:8880-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2922 of 2023 1 - Kamlashankar Shrivastava S/o. Late Kundan Lal Shrivastava Aged About 67 Years, R/o D-2, Balram Das Ward, Nehru Nagar, Rajnandgaon, Kotwali, District : Kondagaon, Chhattisgarh 2 - Smt. Prabha Shrivastava W/o. Kamlashankar Shrivastava Aged About 58 Years, R/o D-2, Balram Das Ward, Nehru Nagar, Rajnandgaon, Kotwali, District : Rajnandgaon, Chhattisgarh 3 - Smt. Nupur Shrivastava W/o Shailendra Kumar, Aged About 35 Years R/o Gaya Nagar, Durg, District : Durg, Chhattisgarh 4 - Smt. Nikita Shrivastava W/o Gaurav Shrivastava Aged About 31 Years, R/o Behind Durga Mandir, Kanker, District : Kanker, Chhattisgarh
--- Petitioners versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Mahila Thana, District : Durg, Chhattisgarh 2 - Smt. Prachi Shrivastava W/o Priyank Shrivastava Aged About 28 Years R/o Plot No.28, Road No.01, Model Town, Bhilai, Supela, Durg, District Durg (C.G.)
--- Respondents CRMP No. 527 of 2025 Priyank Shrivastava S/o Kamla Shankar Shrivastava Aged About 29 Years R/o D/20 Nehru Nagar Rajnandgaon Police Station Kotwali District - Rajnandgaon (C.G.)
---Petitioner BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.02.21 10:20:25 +0530
2 Versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Mahila Thana District - Durg (C.G.) 2 - Smt. Prachi Shrivastava W/o Priyank Shrivastava Aged About 28 Years R/o Plot No. 18 Road No. 01 Model Town Bhilai Supela Durg District - Durg (C.G.)
--- Respondent(s)
For Petitioners : Mr.Manoj Paranjape, Advocate For Respondent No.1/State For Respondent No.2 : : Mr.Sanghrash Pandey, Government Advocate Mr.Ravi Maheshwari and Mr.Sumit Shrivastava, Advocates Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon’ble Shri Justice Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, CJ 20/02/2025
1. Heard Mr. Manoj Paranjape, learned counsel for the petitioners. Also heard Mr. Sanghrash Pandey, learned Panel Lawyer appearing for respondent No.1/State and Mr.Ravi Maheshwari and Mr.Sumit Shrivastava, learned counsel appearing for respondent No.2. 2. Petitioners of CRMP No.2922 of 2023 have filed petition with following prayer:-
“It is therefore must humbly prayed that the Hon’ble Court may kindly be pleased to quash the F.I.R. dated 21.06.2022 in crime no.62/2022 registered by
3 police station – Mahila Thana, District Durg (C.g.), charge sheet dated 21.08.2022 (Annex-P/1) and further if any proceedings emanating thereof, in the interest of justice.”
3.
Petitioner of CRMP No.527 of 2025 has filed petition with following prayers:-
“i.To kindly quash the F.I.R. dated 21.06.2022 bearing No. 62/2022 registered at Police Station Mahila Thana, District Durg (C.G.) against the petitioner for the offence under Section 498-A read with Section 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act, 1961. ii. To kindly quash the impugned final report bearing No. 60/2022, dated 21.08.2022 filed against the petitioner under Section 498-A read with Section 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act, 1961 (Annex. P/1). iii. To kindly quash impugned order dated 28.09.2022, whereby the learned Judicial Magistrate First Class, Durg. District Durg (C.G.), has taken cognizance of the impugned chargesheet bearing No. 60/2022, dated 21.08.2022 and registered the impugned criminal proceedings of Criminal Case RCC No. 9787/2022 pending before
4 Judicial Magistrate First Class, Durg in the matter of State of Chhattisgarh v. Priyank Shrivastava. iv. To kindly quash the order dated 08.11.2024, whereby the learned trial court has rejected the application under Section 320(2) of Code of Criminal Procedure, and further the order of framing of charge dated 09.09.2024 for an offence under Section 498-A read with Section 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act, 1961 may also kindly be quashed in the interest of justice. v. And to kindly grant any other relief to the petitioner as this Hon'ble Court may deem fit and proper in facts and circumstances of the case, may also be granted to the petitioner.”
4. Learned counsel appearing for the parties submit that the dispute between petitioner-Priyank Shrivastava and respondent No.2-Smt.Prachi Shrivastava has been amicably settled subject to fulfillment of terms and conditions of the compromise / agreement entered between the parties outside of the Court on 08.11.2024 which finds place in Annexure P-4 at page 68 to 70 of CRMP No.527/2025. 5.
Considering the settlement / agreement which has been arrived at between the parties as has been mentioned in Annexure P-4 at page 68 to 70 of CRMP No.527/2025,
5 criminal proceedings pending before the Judicial Magistrate First Class, Durg in Criminal Case RCC No.9787/2022 arising out of the FIR bearing No.62/2022, registered at Mahila Thana, Durg and the entire charge sheet filed by the police under Section 498A/34 of the IPC and Section 4 of the Dowry Prohibition Act in Final Report bearing No.60/2022 dated 21.08.2022 against the petitioners are hereby quashed, subject to fulfillment of terms and conditions as mentioned in Annexure P-4 at page 68 to 70 of CRMP No.527/2025. 6. The CRMPs are allowed to the extent indicated hereinabove. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu