2026:CGHC:11390-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 674 of 2026

1 - Ashwin Prabhakar S/o Anant Prabhakar, Aged About 24 Years, R/o Anand Park, Durgakund Road, Near Vankati Hanuman Temple, Bhelupur, District Varanasi (Uttar Pradesh)

... Petitioner versus

1 - State of Chhattisgarh Through- Station House Officer, Police Station-

Tarbahar, District- Bilaspur, Chhattisgarh

2 - XYZ (Details of Complainant Provided In Closed Envelope)

... Respondents (Cause title taken from Case Information System)

For Petitioner : Mr. Manoj Paranjpe, Senior Advocate with Mr. Rishabh Gupta, Advocate.

For Respondent : Mr. Sourabh Sahu, Panel Lawyer.

No.1/State Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, C.J .

10-03-2026

1. Heard Mr. Manoj Paranjpe, learned Senior Counsel with Mr. Rishabh Gupta, learned counsel for the petitioner. Also heard Mr.

DMAA iOg D iHt I a LAl MK y HMsi A gEN nDed by Sourabh Gupta, learned Panel Lawyer appearing for the respondent

D17a:t0e4: :21042 +6.00533.103

No.1/State.

2. The present petition has been filed with the following prayer(s):-

I. That the Hon'ble Court may kindly be pleased to allow the instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, filed by the petitioners.

II. That the Hon'ble Court may kindly be pleased to quash the F.I.R. bearing No. 267/2025 dated 19.08.2025 registered at Police Station Tarbahar, District Bilaspur, Chhattisgarh for the offence Under Section 376 (2) (n) of Indian Penal Code.

III. That the Hon'ble Court may kindly be pleased to quash entire charge sheet/final report bearing No. 255/2025 filed on dated 17.10.2025 before Judicial Magistrate first class, Bilaspur, District Bilaspur (C.G.) for the offences punishable under section 376 (2) (n) of Indian Penal Code.

IV. That the Hon'ble Court may kindly be pleased to quash the impugned order of taking cognizance dated cognizance 03.11.2025 & 26.11.2015 passed by Judicial Magistrate First Class, Bilaspur, District Bilaspur, Chhattisgarh in Criminal Case No. 31257/2025, State of C.G. Vs Ashwin Prabhakar (vide order dated 22.01.2026 Judicial Magistrate First Class -Bilaspur has committed the case to the Session Court (F.T.C)-Bilaspur and the case has registered as Sessions case no. 43/2026) and the entire criminal proceedings/criminal case bearing- Sessions Case No.43/2026 pending before Add. Session Judge (F.T.C.) Bilaspur, District Bilaspur, Chhattisgarh.

V. And to kindly grant any other relief to the petitioners as this Hon'ble Court may deem fit and proper in facts and circumstances of the case, may also granted to the Petitioners.”

3. The facts of the case, in brief, are that the complainant has lodged the present F.I.R. on 19-08-2025 inter alia on the allegations that the petitioner and complainant met in the year 2020 when they were pursuing their B. Tech Degree from SRM College Chennai and since then they got acquainted to each other and they entered into the relationship. It has been alleged that, the petitioner was having affair in the year 2021 and therefore, the complainant and petitioner stopped talking to each other for some time. Thereafter, the petitioner persuaded the complainant and forced her to remain in relationship with her and since then he has been establishing sexual relationship with the complainant. It has also been alleged that, they have met in Hotel in Bilaspur and the petitioner has committed sexual intercourse with the complainant without her consent. Further, it has been alleged in the F.I.R. that the petitioner assured the complainant that, he will marry her and he has also informed his parent about the same and on the said pretext he has again committed sexual intercourse with the complainant since 19-05-2025 until 23-05-2025 when he travelled from Varanasi to Bilaspur and was staying in hotel in Bilaspur. That on the basis of the aforesaid allegations the present F.I.R. has been registered against the present p