Smt Sushila Minj v. State of Chhattisgarh

Chhattisgarh HC2 Apr 2025CRMP/811/2025

Case brief

AI extract

What is this about?

Quashing of FIR on mediation settlement; inherent powers under Section 528 BNSS 2023; FIR Crime No. 40/25 dated 10/01/2025 P.S. Civil Lines Bilaspur under BNS 2023 Sections 115(2), 296, 3(5), 333, 351(2); settlement/agreement dated 27/03/2025 before High Court Mediation Centre; reliance on Manoj Sharma (2008) 16 SCC 1, B.S. Joshi (2003) 4 SCC 675, Gian Singh (2012) 10 SCC 303; CRMP No. 811 of 2025; Chhattisgarh High Court; Ramesh Sinha CJ and Arvind Kumar Verma J; family/inter-se dispute; conditional quashing subject to compliance with compromise terms.

What did the court decide?

Quashing of FIR No. 40/2025 dated 10/01/2025 registered at Police Station Civil Lines, Bilaspur, subject to the petitioners complying with the terms and conditions of the settlement/agreement dated 27/03/2025; the CRMP is allowed to the extent indicated.

Smt Sushila Minj Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the FIR dated 10/01/2025 (Crime No. 40/25, P.S. Civil Lines, Bilaspur) registered under Sections 115(2), 296, 3(5), 333 and 351(2) of BNS, 2023, along with the final report and the order dated 27.1.2025 in Criminal Case No. 408/2025, ought to be quashed in exercise of inherent jurisdiction under Section 528 BNSS, 2023, in view of the amicable settlement between the parties arrived at before the Mediation Centre of the Court.

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Court's answer

In view of the ratio laid down by the Apex Court in Manoj Sharma, B.S. Joshi and Gian Singh, and since the dispute from which the impugned FIR emanated was amicably settled before the Mediation Centre vide settlement/agreement dated 27/03/2025 which the parties agreed to abide, no useful purpose would be served in proceeding further against the petitioners.

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Ratio / Principle

The impugned FIR No. 40/2025 dated 10/01/2025 registered at Police Station Civil Lines, Bilaspur under Sections 115(2), 296, 3(5), 333 and 351(2) of BNS, 2023 is quashed, subject to the condition that the petitioners comply with the terms and conditions of the settlement/agreement dated 27/03/2025 arrived at before the Mediation Centre.

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Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), exercising its inherent jurisdiction under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, quashed FIR No. 40/2025 dated 10/01/2025 of P.S. Civil Lines, Bilaspur, registered under Sections 115(2), 296, 3(5), 333 and 351(2) of BNS, 2023, because the principal disputants (petitioner No.1 Smt. Sushila Minj and respondent No.3 Maxi Million Minj) had settled all their differences amicably before the Court's Mediation Centre vide settlement/agreement dated 27/03/2025, certified by the Registrar (S & A)-cum-In-Charge (Mediation). Relying on the Apex Court's ratio in Manoj Sharma v. State, (2008) 16 SCC 1, B.S. Joshi v. State of Haryana, (2003) 4 SCC 675 and Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Court held that no useful purpose would be served by continuing the prosecution. The State did not dispute the settlement. CRMP allowed, with quashing conditioned on the petitioners complying with the settlement terms.

2025:CGHC:15631-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 811 of 2025

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1 - Smt Sushila Minj W/o Shri Maxi Million Minj Aged About 58 Years R/o HIG - 7 T.P. Nagar Phase- I Tehsil And District - Korba (C.G.) (Accused)

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2 - Smt. Madhu Minj D/o Shri Maxi Million Minj Aged About 33 Years R/o HIG - 7 T.P. Nagar Phase – I, Tehsil And District - Korba (C.G.)

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3 - Smt. Hiramani Ekka W/o Shri Herman Ekka Aged About 60 Years R/o Shanti Nagar Tehsil And District - Bilaspur (C.G.)

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4 - Deepti D/o Shri Herman Ekka Aged About 33 Years R/o Shanti Nagar Tehsil And District - Bilaspur (C.G.)

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5 - Smt. Dipika Ekka W/o Shri Bhudev Yadav Aged About 32 Years R/o Vasu Appartment Chakarbhata Tehsil And District - Bilaspur (C.G.)

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... Applicants

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versus

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1 - State of Chhattisgarh Through Superintendent of Police Near Nehru Chowk District - Bilaspur (C.G.)

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2 - Station House Officer Police Station Civil Lines District - Bilaspur (C.G.)

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3 - Maxi Million Minj S/o M.Minj Aged About 66 Years R/o R/o HIG - 7 T.P. Nagar Phase - I Tehsil And District - Korba (C.G.)

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4 - Gregory Tigga S/o Thosam Tipu Tigga Aged About 57 Years R/o House No. 315 Abhishek Vihar Phase - I Mangla Tehsil And District - Bilaspur (C.G.)

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... Respondents

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(Cause-title taken from Case Information System)

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ASHUTOSHMISHRA Digitally signedby ASHUTOSHMISHRADate:2025.04.0413:06:19+0530

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For Petitioner : Mr. Sameer Oraon, Advocate For Respondents No1 & 2/State : Mr. Hari Om Rai, PL

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice 03/04/2025

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1 . Heard Mr. Sameer Oraon, learned counsel for the petitioner and Also heard Mr. Hari Om Rai, learned Panel Lawyer for respondents No.1 & 2/State.

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2. The present CRMP has been filed by the petitioners with the following prayers:

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“This Hon’ble Court may be pleased to exercise its inherent jurisdiction under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 and in exercise thereof admit the petition and after hearing the parties in the matter, be pleased to set aside/quash the First Information Report dated 10/01/2025 registered under section 115(2), 296, 3(5), 333 and 351 (2) of Bhartiya Nayay Sanhita, 2023 having Crime no.40/25 registered at Civil Lines Police Station, Bilaspur (Annexure P-1) and be please to quash the final report and set aside order dated 27.1.2025 of learned Court

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in Criminal Case No.408/2025 on such terms as this Hon’ble Court may deem fit in the facts and circumstances of the case.”

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3. This Court vide order dated 06/03/2025 referred the matter to the Mediation Centre of this Court for mediation of the dispute.

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4 . It has been argued by the learned counsel for the petitioners that in pursuance of order dated 06/03/2025, parties i.e. Petitioner No.1 Smt. Sushila Minj and Respondent No.3 Maxi Million Minj have appeared before the Mediation Centre of this Court and the Mediator after conducting mediation sessions has informed vide report dated 27/03/2025, that all the disputes and differences of the parties have been amicably settled by them through the process of Mediation Centre, therefore, in view of the law laid down by the Apex Court in Manoj Sharma Vs. State, (2008) 16 SCC 1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012) 10 SCC 303, the impugned FIR be quashed.

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5 . Learned Counsel for respondents/State could not dispute the aforesaid facts.

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6 . From a perusal of the mediation report dated 27/03/2025, it transpires that both the parties, i.e. petitioner No.1 and respondent No.3, have mutually agreed to resolve their disputes amicably in terms and conditions as mentioned in the settlement/agreement dated 27/03/2025, which is on record and the Registrar (S & A)-cum-In-Charge (Mediation) has also certified the said fact.

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7 . Keeping in mind the ratio laid down by the Apex Court in Manoj

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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 before the Mediation Centre of this Court vide settlement/agreement dated 27/03/2025 and the parties have agreed to abide the said settlement/agreement dated 27/03/2025, this Court is of the view that no useful purpose would be served in proceeding any further against the petitioners in this matter.

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8 . In that view of the matter, the impugned FIR bearing No.40/2025 registered at Police Station Civil Lines, Bilaspur dated 10/01/2025 (Annexure P-1) registered under Sections 115 (2), 296, 3 (5), 333 and 351 (2) of BNS, 2023 is hereby quashed subject to the condition that the petitioners shall comply with the terms and conditions of the settlement/agreement dated 27/03/2025 arrived at between the parties before the Mediation Centre of this Court.

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9 . The CRMP is allowed to the extent indicated hereinabove.

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SD/SD/-

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(Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice

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Ashu

Smt Sushila Minj v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt Sushila Minj v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

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