The Chhattisgarh High Court permitted withdrawal of a criminal quashing petition filed by the in-laws (non-parties in the main matrimonial dispute) with liberty to file afresh; no reasoning on merits or substantive interpretation of Bhartiya Nyay Sahita was delivered. The judgment does not create binding or persuasive precedent, as it simply disposes of the matter procedurally.
Summary
| Category | Data |
|---|---|
| Case Name | CRMP/3165/2025 of NAFIS UDDIN Vs STATE OF CHHATTISGARH |
| CNR | CGHC010436772025 |
| Date of Registration | 14-10-2025 |
| Decision Date | 15-10-2025 |
| Disposal Nature | WITHDRAWN |
| Judgment Author | HON’BLE THE CHIEF JUSTICE, HON’BLE SHRI JUSTICE BIBHU DATTA GURU |
| Court | High Court Of Chhattisgarh |
| Bench | Division Bench (Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru) |
| Precedent Value | None for the merits—petitioner withdrew the matter |
| Type of Law | Criminal / Bhartiya Nyay Sahita, 2023 |
| Questions of Law |
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| Facts as Summarised by the Court |
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Practical Impact
| Category | Impact |
|---|---|
| Binding On | Not binding—no substantive adjudication, only procedural disposal |
What’s New / What Lawyers Should Note
- No legal principle was decided on scope of Sections 3(5) or 85 of Bhartiya Nyay Sahita, 2023.
- The Court allowed withdrawal of the petition with liberty to file afresh, which is a standard procedural practice.
- No finding on maintainability of quashing petitions by non-parties to the core matrimonial dispute.
- No guidance for future cases involving Bhartiya Nyay Sahita, 2023 charges.
Summary of Legal Reasoning
- The Court recorded that the petitioners (in-laws) sought to withdraw their petition for quashing FIR, with permission to approach the Court again.
- The State had no objection to the withdrawal.
- The Court accordingly dismissed the petition as withdrawn with liberty to file afresh if needed.
- No discussion regarding the merits of quashing, interpretation of Bhartiya Nyay Sahita, or maintainability of such petitions.
Arguments by the Parties
Petitioner
- Submitted the dispute is matrimonial in nature.
- Requested the matter be referred to mediation.
- Sought withdrawal of the petition with liberty to file afresh since the husband (principal party) was not arrayed as petitioner.
Respondent (State)
- No objection to the withdrawal of the petition.
Factual Background
The petition was filed by the father-in-law and mother-in-law of the complainant woman, seeking to quash an FIR registered under Sections 3(5) and 85 of the Bhartiya Nyay Sahita, 2023 at Mahila Thana, Raipur, Chhattisgarh. The dispute was matrimonial in nature. The petition was withdrawn at the request of the petitioners citing non-joinder of the husband as party and with a liberty to file afresh, which was not opposed by the State.
Statutory Analysis
- The petition pertained to an FIR registered under Sections 3(5) and 85 of Bhartiya Nyay Sahita, 2023.
- No interpretation or analysis of these sections was undertaken, as the petition was disposed of procedurally on withdrawal.
Dissenting / Concurring Opinion Summary
No concurring or dissenting opinion recorded; the order was unanimous.
Procedural Innovations
None. Standard procedure followed: Petition dismissed as withdrawn with liberty to file afresh. Certified copies to be returned after photocopying.
Alert Indicators
- ✔ Precedent Followed – Standard practice in permitting withdrawal with liberty, but no substantive precedent set.