Nafr High Court
Case Details
MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.06.28 11:40:52 +0530 1 2025:CGHC:28322-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1985 of 2025 1 - Shivam Singh S/o Santosh Singh Aged About 23 Years R/o Piparsot, P/s Balrampur, Distt. - Balrampur - Ramanujganj (C.G.) 2 - Shubham Singh S/o Santosh Singh Aged About 20 Years R/o Piparsot, P/s Balrampur, Distt. - Balrampur - Ramanujganj (C.G.) 3 - Apun Singh Dev S/o Late Ramesh Prasad Singh Dev Aged About 65 Years R/o - Chandrapur, P/s Balrampur, Distt. - Balrampur - Ramanujganj (C.G.) 4 - Omprakash Singh S/o Late Ramesh Prasad Singh Dev Aged About 55 Years R/o - Chandrapur, P/s Balrampur, Distt. - Balrampur - Ramanujganj (C.G.) 5 - Vishal Singh S/o Late Vishnu Singh Aged About 36 Years R/o - Piparsot, P/s Balrampur, Distt. - Balrampur - Ramanujganj (C.G.) 6 - Dharmendra Kumar Singh S/o Ravindra Singh Aged About 44 Years R/o Piparsot, P/s Balrampur, Distt. - Balrampur - Ramanujganj (C.G.) 7 - Anchit Singh S/o Omprakash Singh Aged About 26 Years R/o Chandrapur, P/s Balrampur, Distt. - Balrampur - Ramanujganj (C.G.) 8 - Aashish Singh S/o Yogendra Pratap Singh Aged About 25 Years R/o Piparsot, P/s Balrampur, Distt. - Balrampur - Ramanujganj (C.G.) 9 - Santosh Singh S/o Ramanuj Singh Aged About 45 Years R/o Piparsot, P/s Balrampur, Distt. - Balrampur - Ramanujganj (C.G.) 10 - Arjun Ram S/o Shivkumar Aged About 24 Years R/o Piparsot, P/s Balrampur, Distt. - Balrampur - Ramanujganj (C.G.) ... Petitioner(s) 2 versus 1 - State Of Chhattisgarh Through Plice Station - Balrampur, Distt. - Balrampur - Ramanujganj (C.G.) 2 - Laddu Singh S/o Satyendra Singh Aged About 35 Years R/o Village Tikari, P/s Husainabad, Distt. - Palamu (Jharkhand), Present Address - Village Piparsot, P/s Balrampur, Distt. - Balrampur - Ramanujganj (C.G.) 3 - Manish Kumar Singh S/o Dhananjay Singh Aged About 22 Years R/o Village Tikari, P/s Husainabad, Distt. - Palamu (Jharkhand), Present Address - Village Piparsot, P/s Balrampur, Distt. - Balrampur - Ramanujganj (C.G.) ... Respondent(s) For Petitioner(s)
Legal Reasoning
: Mr. Rahul Mishra, Advocate For Respondent(s) : Mr. S.S. Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice 27.06.2025 1. Heard Mr. Rahul Mishra, learned counsel for the petitioners. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for respondent No.1 / State. 2. The present petition has been filed by the petitioners with the following prayers: “It is therefore prayed that, this Hon'ble Court may kindly be pleased to allow this petition and further may kindly be pleased to quash the entire criminal proceedings in Sessions Trial No. 54/2022 (Annexure-P/1) for offence punishable U/S 147, 148, 149, 341, 294, 506 Part-II read 3 with section 149 (two times), 395 read with Section 149, 201 of IPC (State of Chhattisgarh Vs. Shivam Singh & with section 149, Others) pending before learned Sessions Judge Balrampur, Place Ramanujganj, Distt. Balrampur Ramanujganj (C.G.) arising out of First Information Report dated 14.05.2020 for offence punishable U/s 341, 294, 323, 506, 34 of IPC (Annexure-P/2) and first charge sheet dated 14.08.2020 for offence punishable U/s 341, 294, 323, 506, 34 of IPC (Annexure-P/3) & second charge- sheet dated 26.12.2021 for offence punishable U/s 147, 148, 149, 395, 341, 294, 323, 506, 201 of IPC (Annexure- P/4) and in view of the above facts that, the complainants and petitioners have amicably settled their disputes and they have filed compromise application before the learned Trial Court, in the ends of justice.” 3. The facts of the case in a nutshell is that the respondent No. 2 & 3 made complaint alleging that, on 02.05.2020 at about 08 PM, after dropping one Vishal Gupta to his house at village Birkimapara (Piparsot) when complainant/respondent no. 2 & 3 were returning from Birkimipare then the accused persons abused the complainant and committed Marpit by Lathi (Danda) and also committed Dacoity of golden-chain and mobile with the complainant. On the basis of written complaint, the First Information Report was lodged for the alleged offences against the petitioners. On the basis of First Information Report, the Police of Police Station Balrampur conducted investigation and submitted First Charge- sheet dated 14.08.2020 for offence punishable U/s 341, 294, 323, 506 & 34 of IPC against the petitioners. The Police of Police Station Balrampur has again submitted second charge-sheet dated 26.12.2021 for offence punishable U/s 147, 148, 149, 395, 341, 294, 323, 506 & 201 of IPC against the petitioners. On 29.04.2022, the case was committed before the learned Session Judge for conducting trial. The 4 learned Session Judge has registered the case as Session Trial No. 54/2022 and on 23.08.2022, the learned trial Court has framed charges for offences punishable under Sections 147, 148, 341, 294, 506 Part II read with section 149(two times), 395 read with section 149, 201 of IPC against the petitioners. During pendency of the Sessions Trial No. 54/2022, the complainant and the petitioners have amicably settled their disputes outside the Court therefore the complainant filed application under section 320(2) & 320(8) of Cr.P.C. before the learned Sessions Court to close the matter as the complainant and petitioners does not have any dispute between them. The Court's statement of respondents No. 2 & 3 has also been recorded by the learned Sessions Court in which also they have not supported the case of prosecution in which they have categorically stated that, no incident took place in respect of the alleged offence lodged in the First Information Report. Despite the fact that the complainant respondent no. 2 & 3 and petitioners have filed compromise application before the learned Trial Court but the learned Trial Court is still entertaining the Sessions Trial No. 54/2020 instead of closing the case on the basis of amicably settlement between the parties. Hence this petition. 4. Learned counsel for the petitioners submits that the complainant respondents No. 2 & 3 and petitioners have amicably settled their disputes therefore they have filed compromise application before the learned trial Court to close the proceeding pending before the learned Sessions Judge, Balrampur, Place - Ramanujganj Distt. Balrampur- Ramanujganj (C.G.). The complainant respondents No. 2 & 3 have also 5 been examined by the learned trial Court in which they have not supported the case of prosecution. Initially the offence under section 341, 294, 323, 506, 34 of IPC was lodged against the petitioners and during investigation the MLC was conducted of respondents No. 2 & 3 wherein the injury of the respondents No. 2 & 3 is simple in nature therefore on 14.08.2020, the Police of Police Station Balrampur submitted first charge- sheet for offence under Sections 341, 294, 323, 506, 34 of IPC against four petitioners but after 2 years on 26.12.2021 again second charge-sheet was filed for offence under Sections 147, 148, 149, 395, 341, 294, 323, 506, 201 against the petitioners. Further, this Hon'ble Court can quash the proceeding in exercise of its inherent power looking to the nature of offence and the fact that, parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceeding, even the offences are non- compoundable. The alleged allegations are not the heinous offence but the same is personal and private dispute and under the personal grudge and heat of movement, the alleged offences were lodged by the complainants therefore this Court can annul the continuation of proceeding. Lastly, the continuation of Criminal Proceedings against the petitioners, despite the settlement, is arbitrary and infringes upon their right to life and liberty guaranteed under Article 21 of the Constitution of India as the Hon'ble Supreme Court has also categorically held in case of Narendra Singh and others Vs State of Panjab reported in (2014) 6 SCC 466 that, the compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences. 6 5. Mr. S.S. Baghel, learned Deputy Government Advocate submits that the investigation is still going on, in view of the same, the present petition deserves to be dismissed. 6. Considering the submissions advanced by learned counsel for the parties and the fact that the trial is in progress and the statement of the complainant has already been recorded before the trial Court and a compromise has been entered between the parties and further, when the statements of complainant i.e. PW-1 and PW-2 were recorded, they turned hostile and also and application under Section 320 of the Cr.P.C. was moved before the trial Court for stopping the proceedings of the case on the basis of the compromise entered between the parties, but the same has been kept pending, in view of the same, the learned trial Court is directed to decide the same, in accordance with law, within a period of 02 weeks from the production of the certified copy of this order. 7.
Decision
Accordingly, the present petition stands disposed off. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet