Dilharan vs State Of Chhattisgarh
2025 Latest Caselaw 4568 Chatt

Chattisgarh High Court

Dilharan vs State Of Chhattisgarh on 19 September, 2025

Author: Ramesh Sinha

Bench: Ramesh Sinha

                                                        1




                                                                     2025:CGHC:48229-DB


                                                                                  NAFR

                               HIGH COURT OF CHHATTISGARH AT BILASPUR


                                            CRMP No. 2932 of 2025

                      1. Dilharan S/o Sonsai Lodhi Aged About 59 Years R/o Suradabri,
                      Police Station - Chhuikhadan, District - Khairagarh-Chhuikhadan-
         Digitally
         signed by
         JYOTI
JYOTI    SHARMA
SHARMA   Date:
         2025.09.19
         19:13:47


                      Gandai Chhattisgarh
         +0530




                      2. Smt. Amrika Bai W/o Dilharan Lodhi Aged About 57 Years R/o
                      Suradabri, Police Station - Chhuikhadan, District - Khairagarh-
                      Chhuikhadan-Gandai Chhattisgarh
                                                                          ... Petitioner(s)
                                                     versus
                      1. State Of Chhattisgarh Through The Station House Officer, Police
                      Station - Chhuikhadan, District - Khairagarh-Chhuikhadan-Gandai
                      Chhattisgarh
                      2. Smt. Bhuneshwari Lodhi W/o Siyaram Lodhi, C/o Rajkumar Verma
                      Aged About 26 Years At Present R/o Village - Aamgaon, Tahsil And P.S.
                      Chhuikhadan, District - Khairagarh-Chhuikhadan-Gandai Chhattisgarh
                      (Complainant)
                                                                         ... Respondent(s)

For Petitioner : Mr. Rudranath Mukherjee, Advocate For Respondents/ State: Mr. Swajeet Singh, P.L.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge

Judgment on Board

Per Ramesh Sinha, Chief Justice

19/09/2025

1. Heard Mr. Rudranath Mukherjee, learned counsel for the

petitioner. Also heard Mr. Swajeet Singh, Panel Lawyer for the

respondents/ State.

2. The petitioner has filed this petition praying for following relief:-

"1. Allow this petition under Section 528 of B.N.S.S.

filed by the petitioners.

II. Quash the impugned FIR dated 10.08.2024

bearing Crime No. 231/2024 registered at Police

Station, Chhuikhadan, District-Khairagarh-

Chhuikhadan-Gandai (C.G.) for the offence U/s 498-

A, 34 of IPC against the petitioners.

III. Quash the impugned Final Report No. 206/2024

dated 04.10.2024 submitted by Police Station,

Chhuikhadan before the learned Judicial Magistrate

First Class, Chhuikhadan for the offence U/s 498-A,

323, 34 of IPC against the petitioners.

IV. Quash the impugned cognizance order dated

31.12.2024 as well as the entire criminal

proceedings pending in Criminal Case No.

1798/2024 before the learned Judicial Magistrate

First Class, Chhuikhadan for the offence U/s 498-A,

323, 34 of IPC against the petitioners.

V. Grant any other relief, which may be deemed fit

in given facts and circumstances of the case, in

favour of petitioners."

3. Learned counsel for the petitioner submits that husband has not

been made party though the FIR was against the husband and

other family members. He further submits that the present petition

is preferred by mother-in-law and father-in-law only and seeks

permission of this Court to withdraw the present petition with

liberty to file a fresh petition after impleading necessary party.

4. Learned State counsel has no objection.

5. In view of the submissions made by learned counsel for the

petitioner, the present petition is dismissed as withdrawn with

the aforesaid liberty.

6. Certified copies of the documents, if any, may be returned to the

petitioner after retaining photocopies of the same.

                     Sd/-                                        Sd/-
             (Bibhu Datta Guru)                            (Ramesh Sinha)
                 Judge                                      Chief Justice
Jyoti