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2026 DAILYLAW 17998 (CHH)

SUKANT DAS v. STATE OF CHHATTISGARH

CRMP/503/2026 · 2026-02-27

Shri Bibhu Datta Guru

body2026

Judgment text

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1 2026:CGHC:10445-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 503 of 2026 Sukant Das S/o. Shri Hari Shankar Das, Aged About 36 Years R/o 29-8- 9/a Lalitha Colony, Dabagardens Visakhapatnam City (Andhra Pradesh). ... Petitioner(s) versus State of Chhattisgarh Through The Station House Officer, Police Station- Kotwali Jagdalpur, District Bastar (C.G.) ...Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Sunil Sahu, Advocate. For Respondent/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 28.02.2026 1. Heard Mr. Sunil Sahu, learned counsel for the petitioner. Also heard Mr. Sourabh Sahu, learned Panel Lawyer, appearing for the State/respondent. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2026.03.02 10:18:10 +0530 2 2. The present petition has been filed by the petitioner with the following prayer: “It is, therefore, prayed that petition may kindly be allowed and the appropriate order for return of the amount of Rs. 50,000/- deposited before mediation center by the petitioner in compliance of the order dated 08.07.2024 passed in CRMP No. 1764 of 2024 may kindly be passed, in the interest of justice.” 3. Learned counsel for the petitioner submits that the wife of the petitioner, namely Smt. Sugandha Das, lodged a written complaint dated 13.02.2024 against the petitioner and his family members alleging commission of offences punishable under Sections 354 and 498-A/34 of the Indian Penal Code (IPC), which was registered as Crime No. 94 of 2024. During the course of investigation, the statements of the concerned witnesses were recorded under Sections 161 and 164 of the Cr.P.C. Upon completion of investigation, the police filed a charge-sheet before the Court of the learned Chief Judicial Magistrate, Jagdalpur on 20.05.2024, whereupon the case was registered as Criminal Case No.942 of 2024. 4. It is further submitted by the learned counsel for the petitioner that the petitioner and other accused persons thereafter preferred a petition seeking quashing of the charge-sheet and the entire criminal proceedings pending before the learned Chief Judicial Magistrate, Jagdalpur, which was registered as CRMP No. 1764 of 2024. This 3 Hon’ble Court, vide interim order dated 08.07.2024, was pleased to refer the matter to mediation and directed the petitioner to deposit a sum of Rs. 50,000/- before the Mediation Centre. In compliance with the said order, the petitioner duly deposited the aforesaid amount and participated in the mediation proceedings, both physically and through virtual mode, as directed by this Hon’ble Court. 5. Learned counsel for the petitioner further submits that despite service of notice, the complainant/wife did not appear before the Mediation Centre and failed to participate in the mediation proceedings. She has also not withdrawn the amount deposited by the petitioner. The learned Mediator/Counsellor submitted a report recording that the mediation proceedings had failed on account of the complainant’s unwillingness to participate. Thereafter, the matter was taken up for hearing and this Hon’ble Court, vide order dated 04.08.2025, was pleased to allow the petition. However, notwithstanding the disposal of the quashing petition and failure of mediation, the amount of Rs.50,000/- deposited by the petitioner remains unwithdrawn. When the petitioner approached the Mediation Centre seeking refund of the deposited amount, he was orally informed that in the absence of a specific direction from this Hon’ble Court, the amount could not be refunded. 6. Learned counsel for the petitioner, therefore, submits that in the aforesaid facts and circumstances, the petitioner has been constrained to file the present petition seeking an appropriate direction to the 4 Mediation Centre for return/refund of the sum of Rs. 50,000/- deposited by him in compliance with the order dated 08.07.2024. 7. Learned State counsel has no objection to the prayer so made. 8. In view of the aforesaid submissions and considering that the mediation proceedings have admittedly failed and the deposited amount remains unwithdrawn, this Court deems it appropriate to direct that upon the petitioner moving an appropriate application before the Mediation Centre, the amount of Rs. 50,000/- deposited pursuant to the order dated 08.07.2024 shall be refunded to him, if the same has not already been disbursed, in accordance with law. 9. Accordingly, the present petition is allowed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan