Ashutosh Singh Alias Ashutosh Singh Thakur Vs State of Chhattisgarh

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CGHC010274422026

2026:CGHC:30551-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 1869 of 2026

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1. Ashutosh Singh Alias Ashutosh Singh Thakur S/o- Late Shri Vijay Singh, Aged About 19 Years R/o- Ward No. 33, Near Railway Pump House, District- Bilaspur (C.G.)

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2. Ajay Singh Thakur S/o- Late Shri S.N. Singh Aged About 61 Years R/o- Ward No. 33, Near Railway Pump House, District- Bilaspur (C.G.)

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3. Divyadeep Singh Thakur S/o- Ajay Singh Thakur, Aged About 28 Years R/o- Ward No. 33, Near Railway Pump House, DistrictBilaspur (C.G.)

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... Petitioner(s)

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versus

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1. State of Chhattisgarh, Through The Station In- Charge, Police Station City Kotwali, District- Bilaspur (C.G.)

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2. Rishikesh Chandra Bhattacharya Alias Rishikesh Bhattacharya, S/o- Shir Rajesh Chandra Bhattacharya, Aged About 19 Years R/o- House No. 716, Ward No. 33, Near Railway Pump House, District- Bilaspur (C.G.)

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Digitally signed by BRIJMOHANMORLE BRIJMOHANMORLEDate: 2026.07.20 17:51:27 +0530

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3. Rejesh Chandra Bhattacharya, S/o- Shri Bhabesh Chandra Bhattacharya, Aged About 58 Years R/o- House No. 716, Ward No. 33, Near Railway Pump House, District- Bilaspur (C.G.)

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...Respondent(s)

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(Cause-title taken from Case Information System)

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For Petitioners : Mr. Rohit Sharma, Advocate. For Respondent/State : Mr. Saumya Rai, Deputy Government Advocate.

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

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Per Ramesh Sinha, Chief Justice

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20.07.2026

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1. Heard Mr. Rohit Sharma, learned counsel for the petitioners. Also heard Mr. Saumya Rai, learned Deputy Government Advocate, appearing for the State/respondent No. 1.

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2. The present petition has been filed by the petitioners with the following prayer:

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“ It is therefore most respectfully prayed that this Hon’ble Court may kindly be pleased to quash FIR No. 0706 dated 25.12.2025 registered at Police Station City Kotwali, District Bilaspur for the offences punishable under Sections 296, 115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and also quash the impugned Final report/charge-sheet No. 111 of 2026 dated 15.03.2026 filed pursuant thereto. The petitioners further pray that the order of cognizance taken by the learned Magistrate vide order dated 30.04.2026 passed in Criminal Case No. 4575 of 2026 arising out of the aforesaid charge-sheet and all consequential proceedings arising therefrom, may

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also kindly be quashed in the interest of justice. Any other relief which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be granted in favour of the petitioners. ”

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3. Learned counsel appearing for the petitioners submits that the present petition has been preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), seeking quashment of FIR No. 0706 dated 25.12.2025 registered at Police Station City Kotwali, Bilaspur, along with all consequential proceedings arising therefrom.

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4. It is further submitted by the learned counsel for the petitioners that the impugned FIR came to be registered on account of a sudden altercation and physical scuffle that ensued between the petitioners and the complainants, who are immediate next-door neighbours. According to the learned counsel, the incident occurred in the heat of the moment owing to a misunderstanding and without any premeditation. The dispute was purely personal in nature and did not involve any element affecting public peace or societal interest.

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5. Learned counsel for petitioners would submit that the petitioners as well as the private respondents are respectable members of society, comprising students and professionals, and none of them has any criminal antecedents. It is contended that, with the intervention of respectable members of the locality, the parties have amicably resolved their disputes and have restored cordial relations. In order to maintain peace and harmony and to avoid unnecessary litigation, the parties

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have mutually agreed not to pursue the criminal proceedings against each other. In support of the settlement, a joint application along with separate affidavits duly sworn by the parties has been brought on record.

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6. Learned counsel for the petitioners further submits that the parties had amicably settled the dispute even prior to the filing of the chargesheet and the said compromise was also arrived at before the Superintendent of Police concerned. It is contended that in view of the voluntary settlement entered into between the parties, the continuation of the criminal proceedings would serve no fruitful purpose and would only result in unnecessary hardship to the parties, particularly when the possibility of conviction is remote and bleak.

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7. Learned counsel for the petitioner further submitted that the present case is squarely covered by the principles laid down by the Hon'ble Supreme Court in Narinder Singh v. State of Punjab , reported in (2014) 6 SCC 466 , and State of Madhya Pradesh v. Laxmi Narayan , reported in (2019) 5 SCC 688 , wherein it has been held that criminal proceedings arising out of disputes having overwhelmingly civil or personal flavour and not affecting society at large may be quashed in exercise of the inherent jurisdiction of the High Court where the parties have amicably settled the dispute and the possibility of conviction is remote.

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8. On the aforesaid submissions, it is prayed that FIR No. 0706 dated 25.12.2025 registered at Police Station City Kotwali, Bilaspur,

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together with all consequential proceedings arising therefrom, deserves to be quashed in the interest of justice.

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9. We have heard learned counsel for the petitioners and perused the material available on record.

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10. From the material available on record, it appears that the petitioners have sought quashment of the impugned FIR and all consequential proceedings primarily on the ground that the dispute between the parties has been amicably settled. It has been submitted that the compromise was arrived at even prior to the filing of the chargesheet and the same was also effected before the Superintendent of Police concerned. A joint application along with affidavits of the parties has also been placed on record in support of the said settlement.

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11. Be that as it may, it is not in dispute that the investigation has already culminated in filing of the charge-sheet and the learned Magistrate has also taken cognizance of the offences. Once the criminal proceedings have reached such a stage, the compromise relied upon by the petitioners is required to be placed before the competent Court, which alone is competent to consider and verify the genuineness and voluntariness of such compromise in accordance with law. Unless such exercise is undertaken by the jurisdictional Court, this Court is not inclined to invoke its inherent jurisdiction under Section 528 of the BNSS for quashing the FIR, the charge-sheet and the consequential criminal proceedings solely on the basis of the settlement claimed by the parties.

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12. In view of the aforesaid, this Court is not inclined to exercise its inherent jurisdiction under Section 528 of the BNSS.

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13. Consequently, the present petition, being devoid of merit, deserves to be and is hereby dismissed . However, liberty is reserved in favour of the petitioners to place the compromise before the competent Court, which shall consider and verify the same in accordance with law and pass appropriate orders in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case and that the competent Court shall consider the matter independently, uninfluenced by any observation made herein.

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14. No order as to costs.

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Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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Brijmohan

Ashutosh Singh Alias Ashutosh Singh Thakur v. State of Chhattisgarh

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Ashutosh Singh Alias Ashutosh Singh Thakur v. State of Chhattisgarh

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