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2026 DAILYLAW 9700 (CHH)

ALEKH KANT CHOUDHARY v. STATE OF CHHATTISGARH

CRMP/1013/2026 · 2026-04-29

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:20137-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1013 of 2026 1 - Alekh Kant Choudhary S/o Shri Kushal Kati Choudhary Aged About 33 Years 2 - Smt. Lata Choudhary W/o Shri Kushal Kati Choudhary Aged About 57 Years 3 - Kushal Kati Choudhary S/o Late Banmali Choudhary Aged About 62 Years 4 - Kaushik Choudhary S/o Shri Kushal Kati Choudhary Aged About 29 Years All resident of Vishwas Gali No. L-6, Near Sai Ram Dairy, Vinoba Nagar, Civil Lines, Bilaspur, District- Bilaspur (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Pasan, District- Korba (C.G.) 2 - Mrs. Priyanka Choudhary W/o Alekh Kant Choudhary Presently R/o Vishwas Medical Store, Pasan, Police Station- Pasan, Tehsil- Katghora, District- Korba (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Virendra Kashyap, Advocate. For Respondent No. 1/State : Mr. Shailendra Sharma, Panel Lawyer For Respondent No. 2 : Mr. Siddhant Tiwari, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 30/04/2026 1 Heard Mr. Virendra Kashyap, learned counsel for the petitioner. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for the State/respondent No. 1 as well as Mr. Siddhant Tiwari, learned counsel for the respondent No. 2. 2 2 The present petition has been filed by the applicants with the following prayers: “a) Quash and set aside the First Information Report bearing Crime No. 56/2023 dated 05.06.2023, registered at Police Station Pasan, District Korba (C.G.), for the offences punishable under Sections 498-A, 294, 506 and 34 of the Indian Penal Code, 1860, against the Petitioners, as being illegal, arbitrary and without any material on record (Annexure P-1). b) Quash and set aside the charge-sheet dated 28.12.2024 bearing No. 156/2024, filed for the offences under Sections 498-A, 294, 506 and 34 of the Indian Penal Code, 1860, as being unsustainable in law (Annexure P-2). c) Quash and set aside the order dated 28.12.2024 passed by the learned Judicial Magistrate First Class, Katghora, District Korba (C.G.), taking cognizance in Criminal Case No. 4564/2024 for the offences under Sections 498-A, 294, 506 and 34 of the Indian Penal Code, 1860, as well as all consequential and subsequent proceedings arising therefrom, including any offences added thereafter in the charge-sheet, pending before the said Court against the Petitioners herein (Annexure P-3).” 3 Learned counsel for the petitioners submits that the marriage between the petitioner No.1 and the respondent No. 2 was solemnized on 21.11.2021 as per Hindu customs and rituals. However, after the marriage dispute arose between the parties due to temperamental differences and misunderstandings upon which the respondent No.2 lodged an FIR at Police Station, Pasan, District Korba which was registered as Crime No. 56/2023 on 05.06.2023 for the offences punishable under Sections 498-A, 294, 506 and 34 of the Indian Penal Code (for short, the IPC) against the petitioners herein. It was alleged that the petitioners treated the respondent No. 2 with mental and physical cruelty on the pretext of demand of dowry. 3 4 Mr. Virendra Kashyap, learned counsel for the petitioners submit that after registration of the FIR and completion of the investigation, charge sheet dated 28.12.2024 was filed by the Police in the Court of learned Judicial Magistrate First Class, Katghora, District Korba, and criminal proceedings have been initiated against the petitioners by registering Criminal Case No. 4566/2024. He further submits that the petty household disputes have been tried to be given a colour of offence and as such, this petition deserves to be allowed. Continuation of criminal proceedings against the petitioners would be an abuse of process of law. 5 Mr. Kashyap further submits that during pendency of this case, this Hon’ble Court had been pleased to refer the dispute between the parties to the High Court Mediation Center so as to explore the possibility of amicable settlement, vide order dated 10.04.2026. He further submits that the petitioners and the respondent No. 2 have settled their dispute amicably before the High Court Mediation Centre which is evident from the settlement/compromise dated 25.04.2026 and the respondent No. 2 has agreed to withdraw all the proceedings against the petitioners. It is further submitted that that in view of the law laid down by the Apex Court in Manoj Sharma v. State and others, (2008) 16 SCC 1, B.S. Joshi v. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, the impugned FIR, charge-sheet and the consequential criminal proceedings, may be quashed. 6 Mr. Shailendra Sharma, learned Panel Lawyer appearing for the State/ respondent No. 1 as well as Mr. Siddhant Tiwari, learned counsel for the respondent No. 2 do not controvert the above submission. 7 In light of the above submission, as the petitioners and the respondent No. 2 have mutually resolved their disputes amicably and keeping in mind the 4 ratio laid down by the Apex Court in Manoj Sharma (supra), B.S. Joshi (supra) and Gian Singh (supra) and also taking into consideration that the dispute between the parties from which the impugned FIR has emanated, has been amicably settled, this Court is of the view that no useful purpose would be served in proceeding any further against the petitioners in this matter. 8 In view of the above, the First Information Report bearing Crime No. 56/2023 dated 05.06.2023, registered at Police Station Pasan, District Korba (C.G.), for the offences punishable under Sections 498-A, 294, 506 and 34 of the IPC, the charge-sheet dated 28.12.2024 bearing No. 156/2024, the order dated 28.12.2024 passed by the learned Judicial Magistrate First Class, Katghora, District Korba taking cognizance in Criminal Case No. 4564/2024 for the offences under Sections 498-A, 294, 506 and 34 of the IPC as well as all consequential and subsequent proceedings arising therefrom against the petitioners are quashed, subject to fulfillment of the terms and conditions of the agreement dated 25.04.2026. 9 Resultantly, this petition stands allowed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.05.02 12:01:06 +0530