[Cites 0, Cited by 0]
Chattisgarh High Court
Mo. Muslim Khan vs State Of Chhattisgarh on 23 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13620-DB
Digitally signed
NAFR
by ALOK
SHARMA
ALOK
HIGH COURT OF CHHATTISGARH AT BILASPUR
Date:
SHARMA 2026.03.24
11:16:35
+0530
CRMP No. 828 of 2026
1 - Mo. Muslim Khan S/o Mo. Shoukat Khan , Aged About 27 Years R/o
House No. 86, Kota Road Lormi, Ward No. 15, Ramhepur, Lormi ,
District- Mungeli (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station
Tarbahar, District- Bilaspur (C.G.)
2 - Superintendent Of Police, Bilaspur, District- Bilaspur (C.G.)
... Respondent(s)
For Petitioner(s) : Ms. Rabiya Khan, Advocate.
For Respondent/State : Mr. Shaleen Singh Baghel, Govt. Avocate.
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
23/03/2026
1. Heard Ms. Rabiya Khan, learned counsel for the petitioner. Also
heard Mr. Shaleen Singh Baghel, learned Govt. Advocate, appearing for
the Respondent/State.
2. The present petition has been filed by the petitioner with the
following prayer:
"It is therefore, prayed that, this Hon'ble Court
may kindly be pleased to allow the present
petition and quash/set aside the impugned
FIR dated 15/12/2025 in Crime No. 388/2025
for an offence under section 69 of Bharatiya
Nyay Sanhita 2023 charge sheet and criminal
proceeding registered in police station
Tarbahar Bilaspur (C.G.) by the respondent
No. 1, in the interest of justice."
3. Brief facts of the case are that the petitioner, Mo. Muslim Khan, a
27-year-old MBBS graduate, has filed this petition under Section 528 of
the Bhartiya Nagarik Suraksha Sanhita 2023 seeking quashing of FIR
No. 388/2025 registered at Tarbahar Police Station, Bilaspur, for an
offence under Section 69 of the BNS 2023. The FIR alleges that the
petitioner had a physical relationship with the victim, a 23-year-old
woman preparing for the NEET examination, on the pretext of marriage
from October 2024 to September 2025, resulting in her pregnancy. The
petitioner contends that the relationship was consensual, both parties
are adults, and the allegations are false and motivated by threats,
emotional blackmail, and extortion by the victim. He further states that
he has no criminal antecedents, the victim was aware that marriage was
not possible, and the FIR was filed after delay, despite prior resolution
of the matter. Copies of the FIR, charge sheet, registration certificate,
WhatsApp chats, and anticipatory bail order have been annexed as
evidence, and the petitioner seeks quashing of the FIR and criminal
proceedings on the grounds of innocence and false implication.
4. Learned counsel for the petitioner would submit that the FIR
registered as Crime No. 388/2025 at Tarbahar Police Station, Bilaspur,
for an alleged offence under Section 69 of the Bhartiya Nagarik
Suraksha Sanhita 2023 is wholly misconceived, baseless, and liable to
be quashed. It is submitted that the relationship between the petitioner
and the complainant was entirely consensual, both being adults, and
none of the ingredients of the said section are attracted in the present
case. The FIR has been lodged after undue delay and appears to be
motivated by threats, emotional blackmail, and demands for illegal
gratification. The petitioner is a reputable MBBS doctor with no criminal
antecedents, and continuation of the proceedings would irreparably
damage his career and reputation. In view of the above, and in light of
the annexed evidences including WhatsApp chats, registration
certificate, and anticipatory bail order, it is most respectfully prayed that
this Hon'ble Court may graciously quash the FIR, charge sheet, and all
proceedings arising therefrom as being wholly unjustified and without
merit.
5. On the other hand, learned counsel appearing for the
Respondent/State opposes the submissions made by learned counsel
for the petitioner and would submit that the FIR registered as Crime No.
388/2025 at Police Station Tarbahar, District Bilaspur, under Section 69
of the Bhartiya Nagarik Suraksha Sanhita 2023, was lodged on the
basis of a complaint made by the victim and involves serious allegations
which require full investigation and judicial scrutiny. It is submitted that
the petitioner's contentions regarding consensual relationship, alleged
threats, character of the parties, or delay in lodging the FIR are factual
in nature and cannot justify pre-emptive quashing of the FIR or
proceedings, and quashing at this stage would circumvent due process
and prejudice the statutory rights of the victim; the investigation has
been duly conducted and a charge sheet has been filed before the
competent court, and while this Hon'ble Court has granted anticipatory
bail to the petitioner on 15.01.2026 in MCRC(A) No. 83 of 2026
safeguarding his liberty, such grant of bail cannot be construed as an
expression of opinion regarding the merits of the allegations or the
innocence of the petitioner. He further submits that no case is made out
for quashing the FIR or proceedings arising therefrom and prays that
this Hon'ble Court may decline to interfere with the lawful investigation
and trial while respecting the liberty already granted to the petitioner.
6. We have heard learned counsel for the parties and perused the
material annexed with the petition.
7. This Court has carefully examined the petition filed under Section
528 of the Bhartiya Nagarik Suraksha Sanhita 2023, the FIR registered
as Crime No. 388/2025 at Police Station Tarbahar, District Bilaspur, the
charge sheet filed by the investigating agency, and the submissions
advanced by the learned counsel for the petitioner as well as the
Respondent-State. The petitioner has sought quashing of the FIR and
all proceedings arising therefrom on the grounds that the alleged
relationship with the victim was consensual, both parties are adults, the
FIR was delayed, and the allegations are false and motivated. The
petitioner further contends that the FIR and subsequent criminal
proceedings will adversely affect his reputation and career,
notwithstanding his status as an MBBS doctor, and has relied upon
certain documents, WhatsApp chats, and anticipatory bail order as
evidence in support of his claim.
8. On consideration of the record, it is evident that the allegations
involve serious offences under Section 69 of the BNS 2023, which
cannot be adjudicated without a proper investigation and trial. The
contentions raised by the petitioner regarding consensual relationship,
delay in lodging the FIR, alleged threats, or character of the parties are
factual disputes that cannot be examined at the stage of a quashing
petition. The investigation in the matter has been duly conducted, and a
charge sheet has already been filed before the competent court. While it
is noted that the petitioner has been granted anticipatory bail on
15.01.2026 in MCRC(A) No. 83/2026, thereby safeguarding his liberty,
such grant does not constitute any determination on the merits of the
allegations or preclude the continuation of proceedings. The Court
cannot, at this stage, pre-empt the statutory process or the rights of the
victim to have the matter examined and adjudicated in accordance with
law.
9. In view of the above, the Court finds that the petitioner has failed
to demonstrate any exceptional circumstances warranting interference
under Section 528 of the BNS 2023. The FIR, charge sheet, and
criminal proceedings arising therefrom are maintainable and cannot be
quashed merely on the basis of disputed factual contentions or plea of
innocence. Accordingly, the petition is devoid of merit and is dismissed.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Alok
