Smt. Ashwani Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P.No.117 of 2021 Smt.Ashwani Sahu, wife of Late Aiman Lal Sahu, aged about 45 years, resident of Aditya Nagar, Durg, District Durg, Chhattisgarh ---Petitioner

Versus

State of Chhattisgarh, Through Police Station Gunderdehi, District Balod, Chhattisgarh ---Respondent For Petitioner : Mr.Avinash Chand Sahu, Advocate For Respondent/State : Mr.Ravi Bhagat, Dy.G.A. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 5/2/2021 1.

By way of this petition under Section 482 of the CrPC, the petitioner seeks quashment of FIR registered in Crime No.227/2019 at Police Station-Gunderdehi, Distt. Balod for offence punishable under Sections 354 of the IPC, Sections 8 and 10 of the Protection of Children from Sexual Offences Act, 2012 and Section 75 of the Protection of Children Act and consequent proceedings. 2.

Heard Mr.Avinash Chand Sahu, learned counsel for the petitioner, on the question of admission and for grant of stay.

3.

Learned counsel for the petitioner would submit that the petitioner has not committed any offence and main allegation is against co-accused Omprakash Sonboir, who tried to outrage modesty of her minor children and

thereby committed the offence. There is no allegation against the present petitioner and as such, FIR deserves to be quashed.

4.

A careful perusal of the FIR would show that at the instance of minor, above-stated offences have been registered against Omprakash Sonboir and the present petitioner that co-accused Omprakash Sonboir used to outrage modesty of his minor daughters and also shown obscene videos to them in mobile and touched private parts of the minors and there is serious allegation against the present petitioner of assaulting minors along with co-accused Omprakash Sonboir.

5.

Considering the allegation made in the FIR, further considering the role of the present petitioner and the matter being extremely serious and the manner in which the offence is said to have been committed by the present petitioner and co-accused Omprakash Sonboir and presently the matter is under investigation, I do not consider it a fit case to exercise the jurisdiction under Section 482 of the CrPC.

6.

Accordingly, the petition under Section 482 of the CrPC deserves to be and is hereby dismissed in limine without notice to other side.

Sd/- (Sanjay K. Agrawal) Judge B/-