Sarona P.S. Dudhawa District Kanker (CG) v. MANPREET KAUR Digitally signed by MANPREET KAUR Date
Case Details
1 2025:CGHC:20837-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1554 of 2025 1 - Mohni Gadhewal W/o Shri Raju Gadhewal Aged About 55 Years R/o Village- Sarona P.S. Dudhawa District Kanker (CG) (Accused) 2 - Hrishabh Gadhewal S/o Shri Raju Gadhewal Aged About 27 Years R/o Village- Sarona P.S. Dudhawa District Kanker (CG) ... Petitioner(s) versus MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.05.07 16:55:04 +0530 1 - State Of Chhattisgarh Through Station House Officer, Police Station- City Kotwali District- Bilaspur (C.G.) (Prosecution)
Legal Reasoning
petitioners on 30.04.2024 and prima facie we find that there appears to be no error or infirmity in the order framing charge by the trial Court and further, the case is also under Section 325 of the IPC as the finger of the complainant has been fractured, as such, it cannot be said that no offence is disclosed against the petitioners, hence we do not find any good ground for interference in the present petition. However, the trial 5 Court is directed to secure the presence of the prosecution witnesses including the complainant, in accordance with law and proceed with the trial expeditiously. 7.
Arguments
2 - Smt. Minakshi Gadhewal W/o Sunil Gadhewal Aged About 36 Years R/o Durga Chowk Katiyapara P.S. City Kotwali District- Bilaspur (Complainant) ... Respondent(s) For Petitioner(s) : Ms. Kavita Bansal, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Judgment on Board Per Ramesh Sinha , Chief Justice 07.05.2025 1. Heard Ms. Kavita Bansal, learned counsel for the petitioners. Also 2 heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for respondents 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 the petition and quash FIR bearing No. 28 of 2022 dated 22.01.2022 offence U/s 294, 323, 325, 506, 34 of IPC registered at Police Station City Kotwali District Bilaspur (CG), with charge sheet no. 63/2023 dated 27.02.2023 U/s 294, 323, 325, 506, 34 of IPC, taken the cognizance on 16.03.2023 for the offence U/s 294, 323, 325, 506, 34 of IPC, framing of charge vide order dated 30.04.2024 U/s 294, 323, 325, 506, 34 of IPC, by which the learned Judicial Magistrate First Class Bilaspur District - Bilaspur (CG) against the applicants in Criminal Case No. 2141 of 2023. The applicants have further challenged the entire proceeding of Criminal case No. 2141 of 2023 viz. State of Chhattisgarh vs. Mohni Gadhewal & Anither which is pending before the learned Judicial Magistrate First Class Bilaspur District - Bilaspur (CG) in the interest of justice.” 3. The facts of the case in a nutshell is that the petitioners and the complainant are the family members and prior to filing the written complaint before the concerning police station, some dispute arose between the petitioner No.1 with complainant, though solving the dispute, they accompanied to compromise which was held in the house of one Jitendra Garhewal on 22.01.2022 at about 5.50PM, but the petitioner No. 2 has refused to make compromise with the complainant assaulted with filthy languages with the complainant and also grabbed the fourth finger of left hand and twisted it, also the petitioner No.1 has pulled her by hair and committed marpit with the complainant. On the 3 basis of said written report, the concerning police has registered the FIR bearing No. 28 of 2022 for the offence punishable under Sections 294, 323, 325, 506, 34 of IPC. After completing the investigation, challan has been submitted before the competent court of law bearing challan no. 63 of 2023 on 27.02.2023. After filing the challan, the Criminal Case bearing No. 2141 of 2023 has been registered by the learned Judicial Magistrate First Class Bilaspur (C.G.), the offences are bailable, therefore the petitioners have been granted bail bond on 16.03.2023. Before framing of charge, the arguments were heard by the learned trial Court and lastly framed the charges against the present petitioners on 30.04.2024. The trial proceedings were drawn on 16.03.2023 and the charges were framed on 30.04.2024, thereafter since 11.07.2024, the learned trial Court has fixed the matter for recording the evidence of prosecution, but till date the prosecution has failed to record their evidence. 4. Learned counsel for the petitioners submits that since 11.07.2024, the learned trial Court has fixed the matter for recording the evidence of prosecution, but till date, the prosecution has failed to record their evidence. There is a family dispute between the petitioners and complainant and on the date of incident i.e. 22.01.2022, some hot talk was going on between the parties and the petitioners have never intended to commit marpit by use of filthy languages, the said incident happened in sudden provocation. From the entire charge-sheet, it appears that, there is no serious injury happened on the body of complainant and also the concerning doctor has opined that the injuries 4 are simple in nature. Further, the petitioners are continuously appearing before the trial Court in each of every date and they have never misused the liberty granted by the court. The petitioner No.2 has participated in the examination of Public Service Commission and due to pendency of the instant Criminal Case, the petitioner No. 2 could not focus in his future. It is further submitted that more than 06 months have passed and though the summons have been issued to them for their appearance, but the witnesses are not appearing. Reliance is placed on the matter of Parbatbhai Aahir v. State of Gujarat, [(2017) 9 SCC 641, 5. Mr. Shailendra Sharma, learned Panel Lawyer submits that the charges have already been framed against the petitioners and trial has started, as such, the present petition has virtually become infructuous and the same is liable to be dismissed. Further, the complainant has received grievous injury as fourth finger of left hand of the complainant has been fractured hence, looking to the allegations levelled against the petitioners, the present petition deserves to be dismissed. 6. Considering the submissions advanced by learned counsel for the parties and the fact that charges have already been framed against the
Decision
Accordingly, the present petition stands disposed off. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Manpreet