2026:CGHC:4380-DB MANPREET KAUR NAFR MANPREET KAUR Date: 2026.01.28 10:51:09 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2945 of 2025 Deepika Tiwari W/o Shri Deepak Tiwari Aged About 45 Years D/o Late Shri Murli Manohar Mishra , R/o H. No. H5/2, Reshan Colony, Shriram Nagar, Kanker, District- North Bastar (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through- District Magistrate, District-

Balodabazar Bhatapara (C.G.)

2 - Station House Officer Through- Police Station- Kasdol, Balodabazar-

Bhatapara (C.G.)

3 - Manish Mishra S/o Late Shri Murli Manihar Mishra Aged About 51 Years R/o Mahatma Gandhi Ward, Brahmanpara, Kasdol, District-

Balodabazar- Bhatapara (C.G.)

... Respondent(s)

For Petitioner(s) : Mr. Prakash Tiwari, Advocate For Respondent(s) : Mr. Ramcharan Sahu, Advocate and Mr.

Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

27.01.2026

1. Heard Mr. Prakash Tiwari, learned counsel for the petitioner. Also heard Mr. Shailendra Sharma, learned Panel Lawyer appearing for respondents No.1 & 2/State and Mr. Ramcharan Sahu, learned counsel appearing for respondent No.3.

2. The petitioner has filed this petition with the following prayer:

“It is therefore prayed that the Hon'ble court may kindly be pleased to allow the petition and set aside the impugned F.I.R. No. 0325/2025 dated 08.05.2025 lodged at Police Station Kasdol, Balodabazar Bhatapara (C.G.) (ANNEXURE A/1) and the Chargesheet No. 428/2025 dated 25.07.2025 under section 115(2), 296, 351(3) of The Bhartiya Nyaya Sanhita, 2023 and to set aside the Taking Cognizance Order dated 26.07.2025 passed by Learned Judicial Magistrate First Class, Kasdol District- Balodabazar Bhatapara (C.G.) bearing Criminal Case No. 1514/2025 (ANNEXURE A/2) in the ends of justice.”

3. Prosecution story in brief is that the complainant Manish Kumar Mishra alleged that on 08.05.2025 at about 1:30 PM, his wife Deepshikha Mishra found a love letter in the courtyard of their house, purportedly written by the daughter of the applicant, namely Ananya Tiwari, whereafter the complainant sent the said letter through his servant to his real sister, the applicant herein. Upon receipt of the same at about 9:45 PM, the applicant allegedly rushed to the complainant’s house, denied authorship of the letter by her daughter, accused the complainant of attempting to defame her family, and during the ensuing altercation allegedly abused, threatened and assaulted the complainant by hand and fist and attempted to choke him, causing simple injuries on his right hand and cheek, leading to the lodging of the impugned FIR. The applicant contends that the allegations are false, frivolous and malicious, lodged solely to harass her and tarnish her social reputation, particularly in view of the admitted fact that the parties are real brother and sister and are embroiled in a long-standing civil dispute relating to family property pending as Civil Case No. 7A/2021 before the Court of 1st District Judge, Baloda Bazar. It is further asserted that the applicant is a civil servant working as Supervisor under the Department of Women and Child Development at Kasdol and has been falsely implicated due to the said property dispute. It is specifically urged that the offence under Section 296 BNS is not made out as the FIR itself discloses that the alleged incident occurred inside the private residence of the complainant and not in any public place, and therefore, in the backdrop of the civil dispute and absence of essential ingredients of the alleged offences, the impugned FIR and chargesheet deserve to be quashed at the threshold.

4. Learned counsel for the petitioner submits that the impugned FIR

dated 08.05.2025 and the consequential charge-sheet dated

25.07.2025 are wholly illegal, arbitrary and contrary to the facts

and material available on record and, therefore, liable to be

quashed, as the allegations contai