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2026 DAILYLAW 30485 (CHH)

RAHUL KUMAR SAHU v. STATE OF CHHATTISGARH

CRMP/2003/2026 · 2026-07-30

Shri Ravindra Kumar Agrawal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010295372026 2026:CGHC:33137-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2003 of 2026 Rahul Kumar Sahu S/o Shri Romnath Sahu Aged About 34 Years R/o 126/1, Ward No. 12, Near Sakshi Medical, Pendra, Dist - Gaurela-Pendra-Marwahi, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Katghora, District - Korba, Chhattisgarh. 2 - Smt. Srishti Sharma W/o Shri Rahul Kumar Sahu Aged About 33 Years R/o Ward No. 12, Near Sakshi Medical, Pendra, District - Gaurela-Pendra- Marawahi, Chhattisgarh. ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Aman Saxena, Advocate For Respondent No.1/State : Mr. Jitendra Shrivastava, Govt. Advocate For Respondent No.2 : Mr. Ramayan Yadav, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Per Ram esh Sinha, C.J. 31/07/2026 1. Heard Mr. Aman Saxena, learned counsel appearing for the petitioner. Also heard Mr. Jitendra Shrivastava, learned Government Advocate VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.08.03 13:04:55 +0530 2 appearing for the respondent No.1/State and Mr. Ramayan Yadav, learned counsel appearing for respondent No.2. 2. The present petition has been preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of Charge-sheet No.81/2026 dated 17.04.2026, the cognizance and committal order dated 15.05.2026 and the consequential criminal proceedings arising out of FIR No.0060/2026 registered at Police Station Katghora, District Korba for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023, presently pending as Special Case No. 49/2026 before the Court of learned Additional Sessions Judge (FTSC POCSO), Katghora, District Korba. 3. The petitioner has filed the present petition seeking for the following prayers:- “It is, therefore, most humbly prayed that this Hon'ble Court may be pleased to: 1. Quash FIR No. 0060/2026 dated 18.02.2026 registered at Police Station Katghora, District Korba, for offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023, against the Petitioner. 2. Quash chargesheet No. 81/2026 dated 16/17.04.2026 filed in Crime Criminal case No. 3366/2026, as well as the cognizance order dated 15.05.2026 passed by the learned Judicial Magistrate First Class, Katghora, taking cognizance under Section 69 BNS and committing the case to the Court of Sessions, and 3 consequently quash all further proceedings in Special Case No. 49/2026 pending before the Court of learned District & Additional Sessions Judge (FTSC POCSO), Katghora, District Korba (C.G.), arising therefrom. 3. Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.” 4. The case of the petitioner, in brief, is that respondent No.2 lodged the impugned FIR alleging that the petitioner established physical relations with her on the promise of marriage and subsequently failed to marry her. After investigation, the police filed the charge-sheet under Section 69 of the Bharatiya Nyaya Sanhita, 2023 and the learned Judicial Magistrate First Class took cognizance and committed the matter to the Court of Sessions, where the case is presently pending for consideration on the question of framing of charge. It is further pleaded that during the pendency of the proceedings, the petitioner and respondent No.2, who are both majors, have solemnized their marriage on 23.06.2026, the marriage has also been registered and respondent No.2 has filed an affidavit stating that the dispute has been amicably resolved and she is residing with the petitioner as his legally wedded wife. 5. Learned counsel for the petitioner submits that the petitioner and respondent No.2 are both major persons and have amicably settled all their disputes. It is submitted that after registration of the criminal case, the parties have solemnized their marriage, the marriage has been 4 duly registered and respondent No.2 has also filed an affidavit before this Court stating that she is residing with the petitioner and does not wish to pursue the criminal proceedings. It is further submitted that in view of the subsequent developments and the settlement arrived at between the parties, the criminal proceedings deserve to be brought to an end. 6. Learned State counsel opposes the prayer made in the petition and submits that the charge-sheet has already been filed and the matter is presently pending before the trial Court for framing of charge. He submits that appropriate orders may be passed in accordance with law. 7. Learned counsel appearing for respondent No.2 admits that the parties have amicably settled their disputes, have solemnized their marriage and are residing together as husband and wife. It is further submitted that respondent No.2 has voluntarily filed an affidavit before this Court supporting the settlement between the parties. 8. We have heard learned counsel for the parties and perused the material annexed with the present petition. 9. The petitioner submits that the petitioner and the victim are already major and they have settled their disputes. An affidavit has also been filed by respondent No.2 stating that she is residing with the petitioner. It is also submitted that the marriage between the parties has already been registered. Learned counsel appearing for respondent No.2 has 5 also admitted the fact of compromise between the parties and that they are living together. 10. However, considering the fact that the criminal case is presently fixed before the trial Court for framing of charge, this Court deems it appropriate that the parties first appear before the Court concerned so that the subsequent compromise, if any, and the subsequent developments may be duly verified by the said Court. 11. Accordingly, the parties are directed to appear before the Court concerned, which shall verify the subsequent compromise, if any, as well as the subsequent developments, including the marriage between the petitioner and the respondent No.2, and thereafter pass appropriate orders on the application, if moved by the petitioner, strictly in accordance with law. 12. With the aforesaid observations and directions, the present petition stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved