1 2026:CGHC:7237 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 424 of 2026 1 - Sonu @ Keshri Chandravanshi S/o Narad @ Shobharam Chandravanshi Aged About 27 Years R/o Village- Paraswara, Police Station- Pandatarai, District- Kabirdham (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Pandatarai, District- Kabirdham (C.G.) 2 - Dharmendra Chandravanshi S/o Shri Ayodhya Chandravanshi Aged About 25 Years R/o Village- Paraswara, Police Station- Pandatarai, District- Kabirdham (C.G.) ... Respondents For Petitioner : Mr. Chandrikaditya Pandey, Advocate. For State : Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 10/02/2026 1. The instant petition has been filed under Section 528 of BNSS, 2023, against the order dated 23.01.2026, passed by the learned Sessions Judge, Kawardha, District – Kabirdham (C.G.), whereby the application filed under Section 359(2) of BNSS for compromise between the parties has been partly allowed. HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.02.10 18:05:12 +0530 2 2. The brief facts of the case were that the learned trial Court framed charges against the present petitioner for the offence punishable under Sections 296, 351(3) and 109(1) of BNS, and thereafter the case was fixed for recording the statement of the prosecution witnesses. Subsequently, the petitioner and the complainant filed an application before the learned trial Court for compounding the offence on the basis of a compromise. On which the learned trial Court heard the argument on the applications filed by the complainant and the petitioner and passed the impugned order dated 23.01.2026 and held that the applicant has been charged for the offence under Section 296, 351(3) and 109(1) of BNS and out of these offences, Section 351(3) of BNS is compoundable and remaining offences are not compoundable. Therefore, the petitioner has been acquitted for the offence under Section 351(3) of BNS and ordered that the trial will continue for the remaining offences i.e. Sections 296 and 109(1) of BNS. 3. Learned counsel for the petitioner submits that the learned trial Court has failed to appreciate that the offences under Sections 296 and 109(1) of BNS though non- compoundable, do not involve heinous or grave elements in the present case, as the complainant’s own statement during the compromise proceedings clarifies that the 3 injuries resulted from a mere scuffle where he accidentally fell on barbed wire, without any use of a deadly weapon or intent to cause death by the petitioner. The continuation of the trial for Sections 296 and 109(1) of BNS, despite the partial allowance of compromise, would lead to a miscarriage of justice, as the prosecution’s case is weakened by the complainant’s retraction of the original allegations in his compromise statement, indicating no prima facie evidence of obscene acts or attempt to murder As such, the impugned order is liable to be set aside. 4. On the other hand, learned State counsel opposes the arguments advanced by the learned counsel for the petitioner and supported the impugned order. 5. I have heard learned Counsel appearing for the parties and perused the documents annexed with the petition including the impugned order. 6. It is evident from the record that the petitioner has been charged for the offence punishable under Sections 296, 351(3) and 109(1) of BNS, and only the offence under Section 351(3) of BNS is compoundable on the amicable settlement between the parties. Therefore, the learned trial Court has partly allowed the application for compromise and acquitted the petitioner/accused for the offence punishable under Section 351(3) of BNS and ordered for 4 continuation of the trial for the offence punishable under Sections 296 and 109(1) of BNS. Thus, the said impugned order of the trial Court is legal; there is no illegality, therefore, this Court does not find it appropriate to interfere with the order impugned. 7. Accordingly, the instant petition is hereby dismissed at the admission stage. Sd/- (Sanjay Kumar Jaiswal) H.L. Sahu Judge