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2026 DAILYLAW 30143 (CHH)

MOHIT SAHU v. STATE OF CHHATTISGARH

CRMP/1982/2026 · 2026-07-29

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010293272026 2026:CGHC:32780-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1982 of 2026 Mohit Sahu S/o Fattelal Sahu Aged About 44 Years R/o Mathpuraina, Police Station Tikrapara, District Raipur (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Purani Basti, Raipur Commissionerate, District Raipur (C.G.) 2 - Ms. Shashi Verma D/o Late Virendra Verma Presently Residing At Silver Oak Colony, Bhatagaon, Raipur (C.G.) ... Respondents For Petitioner : Mr. Mateen Siddiqui, Senior Advocate assisted by Mr. Danish Ahmad Siddiqui, Advocate For State/Respondent No.1 For Respondent No.2/victim : : Mr. Saumya Rai, Dy. Govt. Advocate Mr.Virendra Kashyap, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 30.07.2026 1. Heard Mr. Mateen Siddiqui, learned counsel for the petitioner. Also heard Mr. Saumya Rai, learned Deputy Government Advocate, appearing for the State/respondent No.1 and Mr. Virendra Kashyap, learned counsel, appearing for respondent ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 No.2 / complainant. 2. The present petition under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) has been filed by the petitioner with the following prayers :- “i. Allow the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. ii. Quash and set aside the First Information Report bearing Crime No.34/2026 dated 24.01.2026 registered at Police Station Purani Basti, Raipur Commissionerate, District Raipur (Chhattisgarh), for the offences punishable under Sections 115(2), 118(1), 127(4), 296 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and all subsequent proceedings arising therefrom. ANNEXURE-P-1 iii. Quash the consequential charge-sheet/final report bearing No. 195/2026 dated 27.06.2026 filed in connection with Crime No. 34/2026 registered at Police Station Purani Basti, Raipur Commissionerate, District Raipur (Chhattisgarh), for the offences punishable under Sections 296, 115(2), 351(3), 118(1), 127(4), 117(2) and 238(c) of the Bharatiya Nyaya Sanhita, 2023, and all consequential proceedings arising therefrom. ANNEXURE-P-2 iv. Quash the order dated 15.07.2026 passed by the Learned Judicial Magistrate First Class, Raipur, Chhattisgarh, whereby cognizance has been taken on the basis of the aforesaid charge-sheet/final report, and further quash all consequential proceedings arising therefrom, including Criminal Case No. 31863/2026 pending before the Learned Judicial Magistrate First Class, Raipur, Chhattisgarh. ANNEXURE-P-3. v. Pass any other order(s), direction(s) or relief(s) which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the present case, in the interest of justice.” 3 3. The present petition arises out of FIR bearing Crime No. 34/2026 dated 24.01.2026 registered at Police Station Purani Basti, Raipur Commissionerate, District Raipur (C.G.), against the Petitioner for the offences punishable under Sections 115(2), 118(1), 127(4), 296 and 351(3) of the Bharatiya Nyaya Sanhita, 2023. As per the prosecution case itself, the Petitioner and Respondent No. 2 became acquainted during October-November, 2024 in connection with a film project undertaken by the Petitioner through his production house. During the course of their acquaintance, they voluntarily entered into a consensual relationship and resided together in a live-in relationship for a considerable period. Subsequently, owing to personal differences and misunderstandings between them, Respondent No. 2 lodged the aforesaid FIR against the Petitioner. 4. During the pendency of the investigation, with the intervention of family members and well-wishers, the parties amicably resolved their disputes. Respondent No. 2 voluntarily executed affidavits and submitted applications before the Commissioner of Police, the Investigating Officer and the learned Sessions Court, unequivocally stating that the dispute had been amicably settled, that she did not wish to pursue the criminal proceedings any further and that she had no objection to the grant of anticipatory bail to the Petitioner. Taking note of the nature of the relationship between the parties, this Court, while granting anticipatory bail to the Petitioner in MCRCA No. 426 of 2026, observed that the 4 parties had been known to each other for a considerable period and had been in a consensual live-in relationship. 5. Thereafter, the Petitioner preferred CRMP No. 1706 of 2026 seeking quashing of the FIR on the basis of the compromise. This Court, vide order dated 02.07.2026, recorded the submission regarding the amicable settlement and directed the Investigating Officer to verify the compromise and submit the police report before the competent Magistrate. Pursuant thereto, the Investigating Officer filed Charge-sheet No. 195/2026 dated 27.07.2026 before the learned Judicial Magistrate First Class, Raipur, who took cognizance of the alleged offences and registered Criminal Case No. 31863/2026. The matter is presently pending before the learned Trial Court at the stage of consideration of charge. 6. Learned Senior Advocate for the Petitioner submits that the impugned FIR, the consequential charge-sheet and the entire criminal proceedings deserve to be quashed in exercise of the inherent jurisdiction of this Hon'ble Court as the dispute between the Petitioner and Respondent No. 2 is purely personal in nature and has been amicably settled. It is submitted that the prosecution case itself discloses that the parties were known to each other for a considerable period and were in a consensual live-in relationship, and that the allegations arose only after personal differences developed between them. Learned counsel further submits that Respondent No. 2 has, of her own free will and 5 without any coercion, filed affidavits before the Commissioner of Police, the Investigating Officer and the learned Sessions Court categorically stating that she has settled the dispute with the Petitioner, does not wish to prosecute the criminal case any further and has no objection to the proceedings being brought to an end. It is further contended that this Hon'ble Court, while granting anticipatory bail to the Petitioner, had also noticed the consensual nature of the relationship, and subsequently, while disposing of CRMP No. 1706 of 2026, directed verification of the compromise, which has duly been acted upon. Learned counsel submits that continuation of the criminal proceedings despite the voluntary settlement between the parties would serve no useful purpose and would amount to an abuse of the process of law. 7. Learned counsel appearing for Respondent No. 2/Complainant submits that the dispute between the parties arose out of personal differences and misunderstandings during the course of their consensual relationship and that the same has now been amicably and voluntarily resolved with the intervention of family members, elders and well-wishers. It is submitted that Respondent No. 2 has, of her own free will and without any pressure, coercion or undue influence, executed affidavits and submitted applications before the Commissioner of Police, the Investigating Officer as well as the learned Sessions Court, unequivocally stating that she does not wish to pursue the criminal proceedings against the Petitioner and has no objection if 6 the impugned FIR, charge-sheet and all consequential proceedings are quashed. Learned counsel further submits that the compromise entered into between the parties is genuine, voluntary and has been acted upon, and that continuation of the criminal proceedings would neither serve any useful purpose nor advance the cause of justice, but would only perpetuate unnecessary litigation between the parties. 8. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the FIR in question emanates from a dispute arising out of a consensual relationship between the Petitioner and Respondent No. 2. It is not in dispute that during the pendency of the proceedings, the parties have amicably resolved all their disputes and differences. Respondent No. 2 has consistently, by way of applications and duly sworn affidavits submitted before the Commissioner of Police, the Investigating Officer and the learned Sessions Court, expressed that the compromise has been entered into voluntarily, without any coercion or undue influence, and that she does not wish to prosecute the criminal proceedings any further. Even before this Court, learned counsel appearing for Respondent No.2 has supported the settlement and has raised no objection to the quashing of the impugned proceedings. 9. This Court is satisfied that the compromise between the parties is genuine, voluntary and arrived at out of their own free will. The dispute is essentially private and personal in nature and does not 7 involve any overriding public interest. In such circumstances, continuation of the criminal proceedings would serve no useful purpose and would only result in unnecessary harassment to the parties. Rather, it would amount to an abuse of the process of the Court. The inherent powers of this Court are intended to secure the ends of justice and to prevent abuse of the process of law, and the present case is a fit one for exercise of such jurisdiction. 10. Accordingly, the petition deserves to be and is hereby allowed. FIR bearing Crime No. 34/2026 dated 24.01.2026 registered at Police Station Purani Basti, Raipur Commissionerate, District Raipur (Chhattisgarh), for the offences punishable under Sections 115(2), 118(1), 127(4), 296 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, the charge-sheet bearing No. 195/2026 dated 27.07.2026 filed pursuant thereto, the order taking cognizance dated 15.07.2026 passed by the learned Judicial Magistrate First Class, Raipur in Criminal Case No. 31863/2026, and all consequential criminal proceedings arising therefrom, are hereby quashed qua the Petitioner. 11. Pending application(s), if any, shall also stand disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra