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2025 DAILYLAW 14716 (CHH)

GULSHAN VIJAY ANAND v. THE STATE OF CHHATTISGARH

CRMP/1058/2025 · 2025-03-25

Shri Ravindra Kumar Agrawal

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Judgment text

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1 / 6 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1058 of 2025 Gulshan Vijay Anand S/o Shri Vijay Anand Aged About 43 Years R/o- H.N. D-12, Twin Bunglow, I.V. Estate, Pune (Maharashtra) ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through- Mahila Thana, Raipur, District- Raipur (C.G.) 2 - Smt. Sneha Soni W/o Gulshan Anand Aged About 37 Years R/o- M-12, 504, Dolfin Jwelo, Rajendra Nagar, Raipur, District- Raipur (C.G.) ... Respondent(s) Order on Board 25.03.2025 Heard Mr. D.K. Gwalre, learned counsel for the petitioner. Also heard Mr. Nitansh Jaiswal, learned Panel Lawyer, appearing for respondent No.1/State and perused the FIR as well as material brought on record. Learned counsel for the petitioner submits that MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.25 17:05:35 +0530 2 / 6 there is a matrimonial dispute between petitioner / husband and respondent No. 2 / wife and the alleged marriage between them was solemnized on 21.09.2015 and the present FIR has been lodged by respondent No. 2 against the petitioner for harassment on 26.08.2023. He further submits that the petitioner has never raised any dowry demand of moveable or immovable properties of any kind from the Complainant/Res. No-2 and her family members and have never caused any harassment, torture, cruelties and atrocities upon the Complainant/Res. No-2 on any account whatsoever. The petitioner has never passed any kind of remarks against the Complainant on any account whatsoever and never extended any threat or caused hurt to the Complainant/Res. No-2 and her parental family members. On 12/01/2020, the Petitioner filed a divorce case under section 13(1)(ia) of the Hindu Marriage Act, 1955 due to the cruelty caused by the Res. No-2, bearing No. 1973/2019 seeking divorce 3 / 6 on the grounds of cruelty against the Res. No- 2, before 10th Joint Civil Judge (Senior Division), Pune, Maharashtra. The Res. No-2 filed a transfer petition before the Hon'ble Supreme Court bearing Transfer Petition (Civil) No. 462/2020 titled as "Sneha Soni @ Sneha Gulshan Anand V. Gulshan Vijay Anand" and the Hon'ble Supreme Court vide order dated 22.03.2023 has been pleased to allow the said transfer petition filed by the Res. No-2, and accordingly the divorce case was transferred from Pune (Maharashtra) to the Family Court at Raipur (CG). The petitioner has also filed a civil suit seeking custody of his minor child at competent court at Pune. In retaliation and as a counter blast to the divorce and custody cases filed by the Petitioner, the Res. No-2/ complainant, out of sheer vendetta and malice got a false dowry harassment complaint registered at P.S. Mahila Thana, Raipur, against the petitioner herein by fabricating and concocting false and baseless allegation which culminated into filing 4 / 6 of charge- sheet after long duration of separation. He lastly submits that the present matter be referred to Mediation & Conciliation Centre of this Court being matrimonial in nature as there may be chances of compromise between the parties. Considering the fact that the dispute arrived between the parties i.e. petitioner / husband and respondent No. 2 / wife is matrimonial in nature, we deem it appropriate to make an effort to get the said dispute settled by way of mediation. In view of the above, petitioner shall deposit Rs. 1,00,000/- with the Mediation Centre of this Court within a period of seven days from today and the same shall be paid to respondent No. 2 on her appearance before the Mediation Centre. Parties are directed to appear before the Mediation Centre of this Court on 15.04.2025. Learned State counsel is directed to inform the private respondent No.2 about passing of this order, so that she may appear before the Mediation Centre 5 / 6 on the aforesaid date. List this matter along with report of Mediation Centre before this Court on 30.04.2025. Till the next date of listing, further proceedings in relation to Criminal Case No. 22981/2024, pending before the learned Chief Judicial Magistrate at District- Raipur (C.G.) arising out of the charge-sheet No. 32/2024 filed on 25.04.2024 registered against the petitioner for offences under Sections 498A / 34 of the 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 trial Court concerned regarding payment of the said money before the 6 / 6 Manpreet 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/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice