RAMESH PURUSHOTTAM DAS PATEL v. STATE OF CHHATTISGARH
CRMP/1008/2025 · 2025-03-27
Shri Ravindra Kumar Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9466 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9466 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:14681-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1008 of 2025 1 - Ramesh Purushottam Das Patel S/o Mr. Purushottam Das Patel Aged About 81 Years R/o 2415 Coachmans Trail South Bend IN 46637 2 - Dr. Reena Patel W/o Axay Patel Aged About 52 Years R/o 611 Lincoln Way East South Bend, IN 40637 3 - Kavita Dixit W/o Rohit Dixit Aged About 51 Years R/o 2415 Coachmans Trail South Bend, IN 46637
... Petitioners versus 1 - State Of Chhattisgarh Through PS - Tilda Neora, District - Raipur Chhattisgarh 2 - Vishal Agrawal S/o Shri Keshrimal Agrawal Aged About 45 Years R/o K.K. Rice Mill, Neora, Raipur, Chhattisgarh
... Respondents For Petitioners : Mr.Sabyasachi Bhaduri, Advocate For Respondent No.1 For Respondent No.2 : : Mr.Shashank Thakur, Deputy Advocate General Mr.Aman Pandey, Advocate Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble Smt.Ravindra Kumar Agrawal, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.03.28 10:38:16 +0530
2 27.03.2025
1. Heard Mr.Sabyasachi Bhaduri, learned counsel for the petitioners as well as Mr.Shashank Thakur, learned Deputy Advocate General appearing for respondent No.1/State and Mr.Aman Pandey, learned counsel appearing for respondent No.2/State.
2. By way of this petition under Section 528 of the BNSS the petitioners have prayed for following reliefs:-
“1. That, the Hon’ble Court may kindly be pleased to call for the entire Records pertaining to the FIR No.0104/2023, dated 05/03/2023 registered under section 420 r/w 34 of IPC, 1860 by Police Station Tilda- Neora, Chhattisgarh.
2. That, this Hon’ble Court may kindly be pleased to quash/set-aside FIR/Crime bearing No.0104/2023, dated 05/03/2023, registered under section 420 r/w 34 of IPC, 1860 by PS Tilda-Neora, (C.G.) and the entire consequential proceedings (if any) in lieu of the aforesaid. 3.That, this Hon’ble Court may kindly pass any other
order in favour of petitioner herein as it may deem fit and proper under the facts and circumstances of the case with cost.”
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3. Learned counsel for the petitioners submitted that there was a dispute between co-accused Neha Agrawal and private respondent No.2, who is her husband and it is stated that the matter was compromised between two and Annexure P-2 is settlement agreement between them. It is further argued that Neha Agrawal has challenged the proceedings of the present case in CRMP No.824 of 2023 and learned Single Judge of this Court had quashed the proceedings vide order dated 18.04.2024, a copy of the same is annexed with this petition as Annexure P-4 and the petitioners who are father and sisters of Neha Agrawal who are admittedly living aboard have come up before this Court for quashing of the impugned FIR. It is stated that Power of Attorney has been executed by all the three petitioners in favour of Neha Agrawal, who has changed her name as Nehal VRK as stated by learned counsel for the petitioners, copies of the Power of Attorney are annexed at page 49 to 51 collectively.
4. Mr.Aman Pandey, learned counsel appearing for respondent No.2 submitted that he has filed his Vakalatnama on behalf of respondent No.2 and does not dispute the above-mentioned facts.
5. We have heard learned counsel appearing for the parties and perused the documents appended with petition.
6. Considering submissions advanced by learned counsel appearing for the parties and also considering the fact that the matter has already been compromised between co-accused Neha Agrawal
4 and private respondent No.2 as per settlement agreement (Annexure P-2), the impugned FIR against Neha Agrawal has been quashed by this Court in CRMP No.824 of 2023 vide order dated 18.04.2024 and the fact that the petitioners are father and sisters of Neha Agrawal, FIR bearing Crime No.0104 of 2023 registered at Police Station Tilda Nevra, District Raipur (CG) against the petitioners for offence under Section 420 read with Section 34 of the IPC is also hereby quashed.
7. The CRMP is allowed to the extent indicated hereinabove. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu