2026:CGHC:8028-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 995 of 2025

1 - Banmali Joshi S/o Late Jeevan Nath Joshi Aged About 48 Years (Name Of Petitioner Mentioned As Vanmali In Criminal Case Record), R/o Village- Karanji, P.S.- Bakawand, District- Bastar (C.G.)

2 - Vishwanath Joshi S/o Late Jeevan Nath Joshi Aged About 55 Years R/o Village- Karanji, P.S.- Bakawand, District- Bastar (C.G.)

... Petitioners versus

1 - State of Chhattisgarh Through - P.S. Kotwali, District- Bastar (C.G.)

2 - Smt. Rita Joshi W/o Banmali Joshi Aged About 37 Years R/o Village-

Karanji, P.S.- Bakawand, District- Bastar (C.G.), (Complainant)

3 - Station House Officer P.S.- Parpa, District- Bastar (C.G.)

... Respondents For Petitioners : Mr. Karan Kumar Baharani, Advocate.

For State/Respondent : Mr. Priyank Rathi, Govt. Advocate Nos.1 & 3 For Respondent No.2 : Mr. Keshav Dewangan, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge

Order on Board

ROHIT KUMAR Per Ramesh Sinha , Chief Justice CHANDRA

Digitally signed

by ROHIT

K C U H M AN A D R RA 13.02.2026

1. Heard Mr. Karan Kumar Baharani, learned counsel for the

petitioners. Also heard Mr. Priyank Rathi, learned Government

Advocate, appearing for the State /respondent No.1 and Mr. Keshav Kumar Dewangan, learned counsel, appearing for respondent No.2/complainant.

2. The present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) has been filed by the petitioners with the following prayers :-

“I. It is therefore, prayed that the Hon'ble Court may be pleased to quash the F.I.R. dated 13.11.2024 bearing crime no. 534/2024 registered at P.S. Kotwali District Bastar (C.G.) for offence punishable under section 296, 351(2),3(5) of B.N.S. II. It is therefore prayed that the Hon' ble Court may kindly be pleased to quash the entire charge sheet (Annexure P-1), filed on 17.12.2024 before the learned C.J.M. Jagdalpur District Bastar (C.G.)

against the petitioners.

III. It is therefore prayed that the Hon' ble Court may kindly be pleased to quash the order taking cognizance dated 24.12.2024 passed by the learned C.J.M. Jagdalpur District Bastar in criminal case no. 4978/2024 (Annexure P-1), in the interest of justice.”

3. Brief facts of the case are as follows :

(i) The petitioner No.1 is husband of the respondent No.2, and when the petitioner no. 1 was trying to purchase a land at village Ghatpadmoor Tahsil Jagdalpur for constructing a house for his children for their higher studies, he had discussed the same with his brother-in-law (real brother of respondent No. 2) to which the brother-in-law had also showed interest and asked the petitioner No. 1 to buy the property jointly. Thereafter they had jointly purchased a land admeasuring 0.050 hectares or 5500 sq.ft out of Khasra No. 890 area 0.19 hectares at village Ghatpadmoor, P.H.No. 02 R.N.M. Jagdalpur Tahsil Jagdalpur District Bastar (C.G.) through registered sale deed dated 15/07/2014 which was transferred in the name of the petitioner No.1 and brother-in-

law in the revenue records.

(ii) The brother in law had a land registered on his name at Village Kalipur, P.H.No. 01, R.N.M. Jagdalpur Tahsil Jagdalpur District Bastar (C.G.) bearing khasra no. 163/4, area 0.02 hectares or 2360 sq.ft. After some time, the petitioner No.1 expressed his wish to divide the land of Village Ghatpadmoor and build a house on his part to which the brother-in law suggested that instead of diving the Ghatpadmoor land, the petitioner No.1 may take the land located at Village Kalipur in exchange of his share, to which the petitioner No.1 agreed fell into their trap and exchanged the land.

(iii) As per the agreement between the petitioner No.1 and brother-in-law the process of transfer of land at Village Kalipur started to which the respondent No.2 expressed that the land should be transferred in her name. The petitioner No. 1 agreed to the same as she was his legally wedded wife, and the brother-in-law expressed