Smt. Arati @ Varsha Choubey Vs State of Chhattisgarh — Dowry and Cruelty | Chhattisgarh HC (2025)

Smt. Arati @ Varsha Choubey Vs State of Chhattisgarh — Dowry and Cruelty | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Petition allowed to the extent indicated: proceedings of Criminal Case No.1105/2018 pending before the JMFC, Bilha, arising out of Crime No.69/2018 registered at Police Station Chakarbhatha, against respondents No.4 to 8 for offences under Sections 498A, 506 and 323/34 IPC, quashed.

Issue for consideration

Whether FIR No.69/2018 and the framed charge / criminal proceedings pending in Criminal Case No.1105/2018 before the JMFC, Bilha, against respondents No.4 to 8, should be quashed in view of the compromise between the complainant-petitioner and respondents No.4 to 8.

Court's answer

As cognizance in the petition had been taken by the learned Single Judge at the instance of the complainant and the matter had been compromised between the parties, the Court quashed the proceedings of Criminal Case No.1105/2018 pending before the Judicial Magistrate First Class, Bilha, arising out of Crime No.69/2018 registered at Police Station Chakarbhatha, against respondents No.4 to 8 for offences under Sections 498A, 506 and 323/34 IPC.

Key takeaways

A quashing petition filed by the complainant / aggrieved person, as in the present case, cannot be treated as a precedent for entertaining a petition for quashing on behalf of the complainant / aggrieved person.obiter¶31

Detailed headnote1 paragraphs

CRMP No. 1014 of 2023, High Court of Chhattisgarh at Bilaspur (order dated 06/01/2025; Per Ramesh Sinha, Chief Justice, with Ravindra Kumar Agrawal, Judge, on the bench). The petitioner, the complainant in FIR No.69/2018, moved under Section 482 CrPC to quash the FIR and the framed charge / criminal proceedings pending before the JMFC, Bilha, in Criminal Case No.1105/2018 against respondents No.4 to 8 for offences under Sections 498A, 506 and 323/34 IPC. The matter had been compromised and the fact of compromise admitted by the petitioner and respondents No.4 to 8 before the Additional Registrar (Judicial), pursuant to an order of the learned Single Judge who had taken cognizance in the petition at the complainant's instance. Holding: the proceedings of Criminal Case No.1105/2018 arising out of Crime No.69/2018 (Police Station Chakarbhatha) were quashed; however, the Court cautioned that a quashing petition initiated by the complainant / aggrieved person cannot be treated as a precedent. Petition allowed.

1

2025:CGHC:621

Digitally signed by BABLU BABLU RAJENDRA RAJENDRA BHANARKAR BHANARKAR Date: 2025.01.06 17:47:28 +0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

NAFR

CRMP No. 1014 of 2023

Smt. Arati @ Varsha Choubey D/o Umakant Aged About 24 Years W/o Yogesh Kumar Choubey Caste Bramhan Occupation-Housewife Resident Of Village Takhatpur (Near Tahsil Office), Police Station And Tahsil Takhatpur, District : Bilaspur, Chhattisgarh

. .. Petitioner

versus

1 - State Of Chhattisgarh Through Its Secretary, Department Of Home, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh

2 - Superintendent Of Police Bilaspur, District Bilaspur (CG)

3 - Station House Officer Police Station Chakrabhatha, District Bilaspur (CG)

4 - Yogesh Choubey S/o Shri Pramod Choubey Aged About 29 Years

5 - Kavita Choubey W/o Pramod Choubey Aged About 60 Years

6 - Pramod Kumar Choubey S/o Vishnu Prasad Choubey Aged About

64 Years

7 - Yogendra Choubey S/o Pramod Choubey Aged About 33 Years

8 - Kusumlata Pandey W/o Shiv Prasad Pandey Aged About 35 Years Respondents No.4 to 8 are resident of Chakarbhatha Basti, District : Bilaspur, Chhattisgarh

... Respondents

2

For Petitioner(s) : Mr.Sanjay Kumar Yadav, Advocate For Respondents : Mr.Malay Jain, Panel Lawyer No.1 to 3/State For Respondents : Mr.Ritish Giri, Advocate No.4 to 8

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

06/01/2025

Heard Mr.Sanjay Kumar Yadav, learned counsel for the petitioner. Also heard Mr.Malay Jain, learned Panel Lawyer appearing for respondents No.1 to 3/State and Mr.Ritish Giri, learned counsel appearing for respondents No.4 to 8.

The petitioner has filed this under Section 482 CrPC with following prayer:-

“It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to allow this petition and quash FIR No.69/2018 by the police station Bilha, District Bilaspur, Framed charge and criminal Proceeding pending before the learned Judicial Magistrate First Class Bilha, District Bilaspur Chhattisgarh in Criminal Case No.1105/2018 against the petitioner, in the interest of justice.”

3

The present petition is filed by the complainant who has lodged the FIR against respondents No.4 to 8 for offence under Sections 498A, 506 and 323/34 of the IPC and it is stated that the matter was compromised between the petitioner and respondent No.4 and in pursuance of the order of the learned Single Judge, the statements of the complainant as well as the accused have been recorded by the Additional Registrar (Judicial) and the fact of compromise has been admitted by the petitioner as well as by respondents No.4 to 8.

As the matter was taken cognizance by learned Single Judge in the present petition at the instance of the complainant and the matter has been compromised between the parties, we quash the proceedings of Criminal Case No.1105/2018 pending before the Judicial Magistrate First Class, Bilha arising out of Crime No.69/2018 registered at Police Station Chakarbhatha against respondents No.4 to 8 for offence under Sections 498A, 506 and 323/34 of the IPC, but the present petition on behalf of the petitioner, who is complainant, cannot be treated as a precedent for entertaining a petition for quashing on behalf of the complainant / aggrieved person.

The petition is allowed to the extent indicated hereinabove.

Sd/- Sd/-

Ravindra Kumar Agrawal ) (Ramesh Sinha ) Judge Chief Justice

Bablu