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HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2545 of 2024 1 - Abdul Khalik S/o Abdul Salam Aged About 52 Years R/o In Front of C.G. Diesel, K.K. Road, Moudhapara, Raipur District Raipur Chhattisgarh 2 - Abdul Bafhati S/o Abdul Salam Aged About 56 Years R/o In Front Of C.G. Diesel, K.K. Road, Moudhapara, Raipur District Raipur Chhattisgarh 3 - Aliya Shirin W/o Abdul Bafhati Aged About 53 Years R/o In Front Of C.G. Diesel, K.K. Road, Moudhapara, Raipur District Raipur Chhattisgarh 4 - Fhuteja Naaz @ Shahin D/o Abdul Salam, R/o in front of C.G. Diesel, K.K. Road, Moudhapara, Raipur District Raipur Chhattisgarh (Correct Address Mentioned of Petitioner No. 4 As Per Annexure P/2 (Colly)
... Petitioners versus 1 - State of Chhattisgarh Through S.H.O. Mahila Thana, Raipur District Raipur Chhattisgarh 2 - Rubina Khan W/o Abdul Khalik Aged About 50 Years R/o Lane Infront of Rizwi College, Moudhapara, Raipur, District Raipur Chhattisgarh ... Respondents
Order Sheet 20/09/2024 Heard Smt. Indira Tripathi, learned counsel for the petitioners. Also heard Mr. Shakib Ahmed, learned Panel Lawyer, appearing for the State/respondent No.1 ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2024.09.20 18:43:18 +0530
2 / 4 and perused the impugned F.I.R. as well as charge- sheet and materials brought on record.
Learned counsel for the petitioners submits that the complainant is the wife of the petitioner No. 1 and sister-in-law (bhabhi) of the petitioner No. 2, 3 and 4 and was married to petitioner No. 1 on 20.12.2019 and after 16 months of marriage, she had filed the written complaint against the petitioners alleging bald and general allegations against them, leading to lodging of the FIR No. 91/2021 on 04.10.2021 before the Mahila Thana, Raipur. In the instant case, the petitioners were arrest on 04.10.2021 and were enlarged on bail. She further submitted that charges were framed against the petitioners under Section 498-A read with Section 34 of the IPC on 03.04.2024. She also submitted that present matter be referred to Mediation & Conciliation Centre of this Court being matrimonial in nature as there are chances to compromise between the parties. Taking into account the statement of learned counsel for the petitioners, it is directed that the
3 / 4 petitioner No.1, who is the husband of respondent No.2, shall appear before the Mediation Centre of this Court for mediation with his wife, i.e., respondent No.2 subject to the condition that petitioner No.1 shall deposit Rs.30,000/- with the Mediation Centre of this Court within a period of two weeks from today and the same shall be paid to respondent No.2 on her appearance before the Mediation Centre. The matter is remitted to the Mediation Centre with the direction that the Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months after giving notices to both the parties. List thereafter along with report of Mediation Centre. Till the next date of listing, further criminal proceedings in Criminal Case No. 12193/2021 pending before the Court of Judicial Magistrate First Class, Raipur pursuant to the FIR No. 91/2021 registered at Police Station – Mahila Thana, Raipur under Section
4 / 4 498-A read with Section 34 of IPC shall remain stayed. After depositing the amount as aforesaid, notice shall be issued to the parties. It is made clear that in case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted as above shall automatically be vacated and this petition shall stand dismissed without further reference to any Bench of this Court.
The petitioners are directed to produce the copy of the receipt before the concerned trial Court regarding payment of the said money before the Mediation Centre of this Court in pursuance of this Court's order, then only this order shall be given into effect. It is also made clear that if any final settlement is arrived at between the parties, the aforesaid amount so deposited, shall be adjusted. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra