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2026 DAILYLAW 25053 (CHH)

SHRI SANTOSH KUMAR SHARMA v. STATE OF CHHATTISGARH

CRMP/1721/2026 · 2026-07-05

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010247782026 2026:CGHC:27615-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1721 of 2026 Shri Santosh Kumar Sharma S/o Shri Rajkumar Sharma Aged About 65 Years R/o Ward No. 08, Shlok Vihar, Sipat Road, Sarkanda, District Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S. Sarkanda, District Bilaspur, Chhattisgarh. 2 - Kajal Tiwari W/o Ankit Tiwari, D/o Dharmendra Pandey Aged About 26 Years R/o House No. 24, Ashok Nagar, Park Life Colony, Sarkanda, Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Yuvraj Singh Chandel, Advocate For Respondent(s) : Mr. Priyank Rathi, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 06.07.2026 1. Heard Mr. Yuvraj Singh Chandel, learned counsel for petitioner. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.07.07 11:05:57 +0530 2 Also heard Mr. Priyank Rathi, learned Government Advocate for the respondent No.1 / State. 2. The petitioner has filed the present petition, praying for following relief:- “1. It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the petition and quash the impugned FIR bearing crime no. 176/2026 dated 10.02.2026, Chargesheet bearing no. 365/2026 filed on 16.04.2026 and the Cognizance order dated 23.04.2026 in criminal case no. 4314/2026 (Annexure P/1 colly) along with entire criminal proceedings initiated against the petitioner initially in pursuant to first information report bearing crime no. 176/2026 for the offences punishable under Section 296, 351(3), 115(2), 3(5), 85 of BNS and section 25 of the Arms Act at Police Station- Sarkanda, District- Bilaspur (C.G.), in the interest of justice accordingly. 2. Pass any appropriate order or direction which this Hon'ble court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.” 3. A perusal of the record reveals that the dispute giving rise to the present proceedings emanates from a matrimonial discord between respondent No.2 and the petitioner’s nephew, who has been arrayed as a co-accused in the case. 4. Learned counsel for the petitioner submits that, during the pendency of the present petition, the investigation has culminated in filing of the charge-sheet against both the petitioner and the co- accused. 3 5. Having regard to the nature of the dispute, this Court was initially inclined to explore the possibility of an amicable settlement by referring the matter to mediation. However, since the husband of respondent No.2, who is the principal accused as well as the petitioner’s nephew, has not been impleaded as a party to the present petition, this Court is of the view that an effective reference to mediation cannot be made in his absence. 6. In view of the aforesaid, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file a fresh petition after impleading all necessary parties. 7. The prayer is found to be reasonable and is accordingly allowed. 8. Consequently, the present petition stands dismissed as withdrawn, with liberty to file a fresh petition, in accordance with law. 9. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioner after obtaining the photocopy of the same, subject to deposit of the fine amount. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet