1 2026:CGHC:16289-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1000 of 2026 1 - Saurabh Kumar Singh S/o Late Sunil Singh Aged About 35 Years R/o Hariharpur Neelmatha, Sushant Golf City Lucknow Sector (E.O.W) Lucknow (U.P.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through S.H.O. Police Station- Mahila Thana, Ambikapur, District- Surguja (C.G.) 2 - Shakshi Singh W/o Saurabh Kumar Singh Aged About 32 Years D/o Manoj Singh, R/o Hariharpur Neelmatha, Sushant Golf City Lucknow Sector (E.O.W) Lucknow (U.P.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Shri Nishikant Sinha, Advocate. For State : Shri Sourabh Sahu, Panel Lawyer. Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 09.04.2026 Per, Ramesh Sinha, CJ. 1 The petitioner has filed this petition under Section 528 of BNSS, 2023 seeking following reliefs: “It is therefore prayed that this Hon'ble Court may kindly be pleased to quash the impugned FIR bearing Crime No. 13/2025 INDRAJEET SAHU Digitally signed by INDRAJEET SAHU Date: 2026.04.10 18:17:08 +0530 2 dated 04/07/2025 registered at Police Station, Mahila Thana, Ambikapur, Surguja, C.G. for offences under Section 85 and 3(5) Bharatiya Nyay Sahita 2023, in the larger interest of justice.” 2 Brief facts of the case are that, marriage between the petitioner and respondent No.2 was solemnized on 05/02/2022 at Ambikapur as per to Hindu rites and customs. Out of their wedlock, they are blessed with baby girl. Some dispute arose between the parties and respondent No.2 started living separately and she lodged an FIR bearing Crime No.13/2025, dated 04/07/2025 at Police Station, Mahila Thana, Ambikapur, Surguja for the offences under Section 85, 3(5) BNS against the Petitioner. Hence this petition seeking quashment of FIR and consequential criminal proceeding. 3 Learned counsel for the petitioner would submit that marriage between the parties were solemnized on 05.02.2022 and they were blessed with baby girl, however, on account of some matrimonial dispute they were living separately followed by filing an FIR by the respondent No.2-wife, but now they have amicably settled their dispute and living together. He would further submit that statement under Section 183 BNSS, 2023 of respondent No.2-wife has been recorded on 15.12.2025 in which she categorically stated that they have amicably resolved the dispute and she is now living with petitioner-Husband. Therefore, the present petition may be allowed and the impugned FIR bearing Crime No. 13/2025 dated 04/07/2025, registered at Police Station, Mahila Thana, Ambikapur, Surguja for offences under Section 85 and 3(5) of BNSS, 2023, may be quashed. 4 Having heard the counsel for the petitioner and having perused the material annexed with the petition, the undisputed facts of the case are 3 that marriage between the parties took place on 05.02.2022 and they were blessed with baby girl. On account of some matrimonial dispute they started living separately and FIR was lodged by the respondent No.2-wife on 04/07/2025 at Police Station, Mahila Thana, Ambikapur, Surguja, for the offence under Section 85, 3(5) BNS against the Petitioner. However, considering the fact that now they have settled their grievances and buried the dispute & differences and as per statement of respondent No.2-wife recorded under Section 183 BNSS, 2023 on 15.12.2025, copy of which has been annexed at page No.12 as Annexure P/2, which goes to show that after counseling at concerned Police Station the applicant took her back to her matrimonial house and for last three months they are living together as husband and wife along with their 1&½ years daughter, no fruitful purpose would be served in keeping this petition pending. 5 Accordingly, the present petition under Section 528 BNSS, 2023, is allowed. The impugned FIR being Crime No.13/2025, dated 04/07/2025 registered at Police Station, Mahila Thana, Ambikapur, Surguja, for offences under Sections 85 and 3(5) of BNSS, 2023 and consequential proceeding pending before Judicial Magistrate First Class, Ambikapur, is quashed and the petitioner stands discharged from the offence punishable under Sections 85 and 3(5) of BNSS, 2023. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice inder