1 2025:CGHC:10241 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 755 of 2025 1 - Smt. Deepa Sarkar W/o Late Shri Ashok Sarkar, Aged About 66 Years R/o 865/526, Harshit Nagar, Yadav Colony, Thana Lordganj, District- Jabalpur, Madhya Pradesh- 482002 2 - Ms. Sanjukta @ Sanyukta Sarkar D/o Late Shri Ashok Sarkar Aged About 34 Years R/o 865/526, Harshit Nagar, Yadav Colony, Thana Lordganj, District- Jabalpur, Madhya Pradesh- 48200 ... Petitioners versus Sanchita Sarka W/o Siddharath Sarkar, D/o S.K. Majumdar, Aged About 37 Years R/o Zero Point, Baloda Bazar Road, Near Adarsh Petrol Pump, Opposite Gyan Gangan School, Vidhan Sabha, Road, Post Gsi, Mandhar Raipur, Chhattisgarh- 492005 ... Respondent ---------------------------------------------------------------------------------------------- For Petitioners : Mr. Rishabh Jhabak, Advocate For Respondent : None --------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 03.03.2025 1. This present criminal miscellaneous petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking quashment of the proceedings under Section 12 of the Domestic Violence Act, 2005 application bearing MJC Criminal Case No. 638 of 2019 pending before the Learned JMIC, Raipur C.G. which was filed by the respondent as against the petitioners. 2. The case in nutshell is such that present petitioners are the mother-in-law and sister-in-law of the respondent. Respondent was married to the son of petitioner no. 1 on 09.12.2012 as per Hindu rituals and customs, in the presence of all the relatives. Out of the said wedlock no child was born. Respondent filed a complaint against them stating that the mother-in-law as well as the sister-in-law of her used to make unnecessary taunts on her daily household activities. Moreover immediately after the marriage the mother in law and sister in law 2 started beating her and started abusing her. They also assaulted her on the pretext of dowry. 3. Learned counsel for the petitioners submitted that the application filed under Section 12 of the Domestic Violence act, 2005 is filed on the basis of false, misconceived and untrue facts and circumstances of the case. The respondent has made specific allegations against her husband Siddhartha Sarkkar, however only passing remarks have been made against the instant petitioners. There is no material evidences against the present petitioners, whereby the false and bogus allegations as to physical, mental and financial harassment as leveled against the petitioners are not proved at all and in effect whereof the present proceedings under Section 12 of the Domestic Violence Act shall be quashed in the interest of justice. 4. On perusal of record this court finds that prima facie allegations have been made against the petitioners under Section 12 of the Domestic Violence Act. While exercising the jurisdiction under Section 528 of the Criminal Procedure Code, the High Court will not enquire whether on a reliable or on a reasonable apprehension the acquisition could not be sustained. It is the duty of the concerned Trial Court to decide the case on merits. Therefore I am not inclined to allow the petition. The present petition deserves to be and is hereby dismissed on merits. 5. However, concerned trial court is directed to expedite the trial pending before the concerned trial court, as soon as possible if no legal impediment. 6. No order as to cost(s). sd/- alfiza (Arvind Kumar Verma) Judge