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2026 DAILYLAW 19271 (CHH)

MANOJ KUMAR YADAV v. STATE OF CHHATTISGARH

CRMP/1357/2026 · 2026-05-12

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:22430-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1357 of 2026 1 - Manoj Kumar Yadav S/o. Late Shri Vedram Aged About 37 Years R/o. Hafa Sakri, House No. 90, Ward No. 07, Tiwari Para No. 01, Police Station And Sub Tahsil Sakri, Tehsil Takhatpur, District- Bilaspur (C.G.) Pin 495003 2 - Arti Yadav W/o. Shri Manoj Kumar Yadav Aged About 29 Years Presently R/o. C/o Santosh Kumar Yadav, Village Hardikalal Tona, Police Station Sirgitti, Tahsil Bilha, Distirct- Bilaspur (C.G.) Pin 495001 ... Petitioners versus State of Chhattisgarh Through The Station House Officer (S.H.O.) Sakri Police Station Sakri, Tehsil Sakri, District- Bilaspur (C.G.) Pin 495003 ... Respondent (Cause-title taken from Case Information System) For Petitioners : Mr. Vijay K. Deshmukh, Advocate For Respondent-State : Ms. Vaishali Mahilong, Deputy Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 13.05.2026 1. Heard Mr. Vijay K. Deshmukh, learned counsel for the petitioners as well as Ms. Vaishali Mahilong, learned Deputy Government Advocate, appearing for the State/respondent No.1. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2026.05.14 10:11:13 +0530 2 2. Learned counsel for the petitioners submits that the present FIR and consequential proceedings arise out of matrimonial discord between the parties, which have since been amicably resolved by way of a settlement/compromise deed dated 31.05.2025 (Annexure C/4), wherein both sides have mutually agreed to withdraw and conclude all pending litigations instituted against each other. It is further submitted that in view of the said settlement, the petitioners had jointly moved an application before the learned Trial Court under Section 320 Cr.P.C. seeking permission to compound the offence and to close Criminal Case No. 137/2020,. 3. It is contended that despite the compromise being genuine and voluntary, the learned JMFC, Bilha, District Bilaspur, has rejected the said application vide impugned order dated 09.10.2025 (Annexure C/3) without properly appreciating the settlement between the parties. Learned counsel therefore submits that in view of the amicable settlement and the law laid down by the Hon’ble Supreme Court permitting quashing of proceedings in matrimonial disputes on compromise, the FIR dated 19.06.2019 (Crime No. 193/2019), charge sheet (Annexure C/2), and all consequential proceedings, including the impugned order, deserve to be set aside in the interest of justice. 4. From the perusal of the record, it appears that this is a second round of litigation. The earlier petition, being CRMP 3 No.1035/2026, was dismissed on 16.04.2026 on the ground that the prayers therein were defective. In the present petition also, it is noticed that petitioner No.1 is the husband, whereas petitioner No.2 is the wife, who, though being the opposite party, has been arrayed as petitioner No.2 in the present case. 5. At this stage, learned counsel for the petitioners seeks to withdraw the present petition with liberty to file afresh duly constituted petition. 6. Accordingly, the petition is dismissed as withdrawn, with liberty to file a fresh petition in accordance with law, subject to the condition that the petitioners shall deposit a sum of Rs. 2,000/- before the Registry of this Court. The receipt of such deposit shall be produced at the time of filing of any fresh petition, if so advised. 7. It is further directed that upon deposit of the said amount, the Registry shall transmit the same to the Special School for Intellectually Handicapped Girls, Narayanpur, District Narayanpur, Chhattisgarh. 8. The certified copy of the impugned FIR as well as the other documents filed along with the annexures be returned to the petitioner after retaining photocopies thereof on record. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu