Akhil Tiwari Vs State of Chhattisgarh

... Respondent(s) For Petitioner(s) : Mr. Pragalbh Sharma, Advocate. For Respondent No. 1 / State : Mr. Sourabh Sahu, Panel Lawyer For Respondent No. 2 : Mr. Anumeh Shrivastava, Advocate.

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Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge

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Judgment on Board

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Per Ramesh Sinha, Chief Justice

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23/01/2026

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1. Heard Mr. Pragalbh Sharma, learned counsel for the petitioner. Also heard Mr. Sourabh Sahu, learned Panel Lawyer for the State/respondent No. 1 as well as Mr. Anumeh Shrivastava, learned counsel for the

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respondent No. 2.

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2. By this petition under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short, the BNSS), the petitioners have prayed for the following relief(s):

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“(i) To kindly quash the impugned Crime No. 631/2025 pending in the Court of Chief Judicial Magistrate, Janjgir-Champa and the impugned order of cognizance dated 03.09.2025 whereby the court has taken cognizance against the petitioners.

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(ii) To kindly quash the impugned Chargesheet/Final Report /led in connection with Crime No. 0631/2025.

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(iii) To kindly quash the impugned FIR No. 0631/2025 dated 12.07.2025 registered at Police Station Janjgir, Distt. JanjgirChampa for the alleged o5ences under Sections 85, 351(2), 115(2), 3(5) of B.N.S..

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(iv) Any other relief which this Hon'ble Court may deem /t in light of facts and circumstances may also be granted to the petitioners in the interest of justice.”

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3. The facts, in brief, as projected by the petitioners are that the petitioner No. 1, who is a constable in the Police Department, is the husband of respondent No. 2 whose marriage was solemnized on 01.12.2020. A written complaint was made by the respondent No. 2/complainant on 26.04.2025 at Police Station, Janjgir, but the FIR bearing Crime No. 0631/2025 for the o@ences under Sections 85, 351(2), 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 was registered on 12.07.2025 alleging that the petitioner No. 1 alongwith his parents used to abuse her physically and mentally and demanded dowry. After investigation, the

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Anal report was submitted by the police in the Court of Judicial Magistrate, First Class, Janjgir, which was registered as Criminal Case No. 1561/2025 and the learned Chief Judicial Magistrate, Janjgir has taken cognizance of the matter on 03.09.2025.

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4. This Court, vide order dated 13.01.2026, directed the parties to appear before the High Court Mediation Centre, on 16.1.2026, so as to explore the possibilities to settle the dispute amicably.

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5. At the outset, Mr. Pragalbh Sharma, learned counsel for the petitioners submits that as the petitioners and the respondent No. 2 have settled their dispute amicably, vide agreement dated 16.01.2026 and the respondent No. 2 has agreed to withdraw all the proceedings against the petitioners, and as such, 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.

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6. Mr. Sourabh Sahu, learned Panel Lawyer appearing for the State as well as Mr. Anumeh Shrivastava, learned counsel appearing for the respondent No. 2 do not controvert the above submission.

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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 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

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further against the petitioners in this matter.

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8. In view of the above, the FIR bearing Crime No. 0631/2025 dated 12.07.2025, registered at Police Station Janjgir, District Janjgir-Champa, for the o@ences under Sections 85, 351(2), 115(2) and 3(5) of the BNS, 2023, the Anal report dated 03.09.2025 and the consequential criminal proceedings being Criminal Case No. 1561/2025, pending in the Court of Chief Judicial Magistrate, Janjgir, District Janjgir-Champa, are quashed, subject to fulAllment of the terms and conditions of the agreement dated 16.01.2026.

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9. Resultantly, this petition stands allowed.

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Sd/Sd/(Ravindra Kumar Agrawal) (Ramesh Sinha) JUDGE CHIEF JUSTICE

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Amit

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AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.01.24 12:15:06 +0530

Akhil Tiwari v. State of Chhattisgarh

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Akhil Tiwari v. State of Chhattisgarh

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