1 CGHC010375902026 2026:CGHC:42720- DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2570 of 2026 • Santosh Rathore S/o Late Jagoo Rathore Aged About 41 Years R/o Raman Gali Panna, Nagar Ward No. 08, Gurughansidas Nagar Ring Road No. 02, Jarahbhantha, Bilaspur District Bilaspur Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Police Station Civil Lines Bilaspur District Bilaspur Chhattisgarh. 2 - Geeta Rathore W/o Late Jagoo Rathore Aged About 59 Years R/o Raman Gali, Panna Nagar Ward No. 08, Gurughansidas Nagar, Ring Road No. 02, Jarahbhantha, Bilaspur District Bilaspur Chhattisgarh. ... Respondents For Petitioner : Ms. Pooja Loniya, Advocate For State : Ms. Palak Dwivedi, Panel Lawyer For Respondent No. 2 : Ms. Priyanka Rai, Advocate DB: Hon'ble Shri Justice Narendra Kumar Vyas & Hon'ble Shri Justice Sudhir Kumar Order on Board 01.10.2026 Per Narendra Kumar Vyas, J. 1. The petitioner has filed the present Cr.M.P. under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for quashing of the FIR dated 12.08.2026 arising out of Crime No. 1091/2026 registered against the petitioner under Section 296 and 351(3) of the BNS at Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.). BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2026.10.05 11:11:11 +0530 2 2. The brief facts as reflected from the record are that respondent No.2/complainant lodged an FIR before the Police Station alleging that on 12.08.2026 at about 7:00 a.m., the petitioner (son of complainant) questioned the complainant regarding a flower pot kept in the verandah and alleged that it had been moved. When the complainant denied having moved it, the petitioner allegedly abused her in filthy and offensive language and threatened to kill her which has caused mental agony to her. 3. Learned counsel for respondent No. 2 would submit that respondent No. 2 does not want to continue with the criminal proceeding as the dispute between the petitioner and respondent No. 2 has already been settled. 4. Considering the fact that the parties have settled their dispute and the offence under Section 296 of BNS is non compoundable but this Court in exercise of power conferred under 482 Cr.P.C. can quash the criminal proceedings as per the law laid down by the Hon’ble Supreme Court in the case of State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688 wherein the Hon’ble Supreme Court has held as under:- 15. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under: 15.1) That the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves; 15.2) Such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such 3 offences are not private in nature and have a serious impact on society; 15.5) while exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non- compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc. 5. 5. Considering the above stated legal position, the relationship between the petitioner and respondent No. 2 as they are son and mother and also considering that a settlement has already been arrived at between them, we are of the considered opinion that the present FIR bearing Crime No. 1091/2026 registered before the Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.) deserves to be quashed and accordingly it is quashed. 6. A copy of this order be sent to the concerned In–charge Police Station for onward compliance and if the final report is submitted before the concerned Judicial Magistrate at Bilaspur the same shall be treated as quashed. 7. With the aforesaid observation and direction, the instant Cr.M.P is allowed. Sd/- (Narendra Kumar Vyas) Judge Sd/- (Sudhir Kumar) Judge Bhumika