1 2026:CGHC:22486-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1324 of 2026 Aniket Masih S/o Ravi Kant Masih Aged About 30 Years At Ward No. 14, Behind High School, Chowki Siliyari, P S Dharsiwa, District Raipur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through P S Dharsiwa, District Raipur, Chhattisgarh. 2 - Johan Francis Masih S/o Late Yonatan Masih At Village Siliyari, House No. 699, Chowki Siliyari, P S Dharsiwa, District Raipur, Chhattisgarh. 3 - Kumari Vinni Masih D/o John Francis Masih Aged About 36 Years At Village Siliyari, House No. 699, Chowki Siliyari, P S Dharsiwa, District Raipur, Chhattisgarh. ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Lukesh Kumar Mishra, Advocate For Respondent No.1/State : Mr. Soumya Rai, Deputy Govt. Advocate For Respondent Nos. 2 & 3 : Mr. Pragalbha Sharma, Advocate VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.05.15 10:57:55 +0530 2 Hon'ble S hri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 13/05/2026 1. Heard learned counsel for the petitioner as well as learned counsel appearing for the State and respondent Nos. 2 and 3. 2. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been preferred for quashing of FIR bearing Crime No.146/2023 registered at Police Station Dharsiwa, District Raipur (C.G.) for offences punishable under Sections 294, 323, 506-B and 307 of the IPC as well as charge-sheet bearing No.32/25 dated 22.02.2025 pending before the concerned Judicial Magistrate First Class, on the basis of compromise arrived at between the parties. 3. The petitioner has filed the present Criminal Miscellaneous Petition with the following relief: “It is therefore prayed that this Hon’ble Court may kindly be pleased to quash charge sheet bearing no. 32/25 dated 22.02.2025 for u/s 294, 323, 506B, 307 of IPC filed before JMFC, Raipur, C.G. and the FIR bearing Crime No. 146/2023 dated 07.04.2023 registered at p/s Dharsiwa, Raipur, C.G., in the interest of justice.” 4. The case of the prosecution, in brief, is that due to a long-standing property dispute between the petitioner and the private respondents, who are close relatives inter se, an altercation took place on 3 06.04.2023 wherein it is alleged that the petitioner assaulted respondent No.3 causing injury over her jaw, pursuant to which FIR bearing Crime No.146/2023 was registered at Police Station Dharsiwa, District Raipur initially for offences under Sections 294, 323 and 506-B of the IPC and subsequently Section 307 of the IPC was also added during investigation, culminating into filing of charge-sheet bearing No.32/25 dated 22.02.2025 before the concerned JMFC, Raipur. 5. Learned State counsel points out that the trial pertaining to the petitioner has already been disposed of vide order dated 09.05.2026 as the petitioner was absconding. 6. Learned counsel for the petitioner as well as learned counsel appearing for respondent Nos.2 and 3 submit that the dispute between the parties is purely personal in nature arising out of family dispute between close relatives. It is further submitted that the matter has already been amicably compromised between the parties, however, since the criminal case against the petitioner stood disposed of earlier on account of his remaining absconding, certain procedural difficulty has arisen with regard to consideration of the compromise petition by this Court. They jointly pray that liberty be granted to the parties to appear before the trial Court and move appropriate application for restoration of the criminal case so that appropriate proceedings may be undertaken in accordance with law. 7. Considering the submissions advanced by learned counsel for the parties and on perusal of the record, particularly taking into 4 consideration the fact that the dispute between the parties appears to have arisen out of a family/property dispute between close relatives and the parties have already entered into compromise, this Court is of the opinion that since the criminal case against the petitioner has already been disposed of on 09.05.2026 on account of the petitioner remaining absconding, the present petition seeking quashment of FIR and charge-sheet cannot be considered at this stage in absence of restoration of the criminal proceedings before the trial Court. 8. Accordingly, the parties are directed to appear before the concerned trial Court and move appropriate application(s) for restoration/revival of the criminal case disposed of earlier against the petitioner. In the event such application is filed, the same shall be considered and decided by the concerned Court strictly in accordance with law. 9. With the aforesaid observations and liberty reserved in favour of the parties, the present petition stands dismissed as withdrawn. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved