1 2025:CGHC:1690-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1163 of 2023 1 - Hafeej @ Hafees Mohammad S/o Shri Peer Mohammad, Aged About 60 Years R/o. Gv-94, Geetanjali Vihar, Nehru Nagar Bilaspur, P.S. Civil Lines, Tahsil And District Bilaspur Chhattisgarh. 2 - Smt. Amina Shekh W/o Hafeej @ Hafees Mohammad, Aged About 55 Years R/o Gv- 94, Geetanjali Vihar, Nehru Nagar, Bilaspur P.S. Civil Lines, Tahsil And District Bilaspur Chhattisgarh. 3 - Nafess Bilal Queraishi S/o. Shri Hafeej @ Hafees Mahammad, Aged About 32 Years R/o. Gv 94 Geetanjali Vihar Nehru Nagar, Tahsil And District Bilaspur Chhattisgarh. (Applicant Name As Per Aadhar Card) ... Petitioner(s) versus 1 - State of Chhattisgarh Through Station House Officer Women Police Station Bhilai Nagar, Sector -6 Durg, District Durg Chhattisgarh. 2 - Aafrin Anjum W/o Shri Nafees Bilal Queraishi, D/o Shri Jahir Sheikh, Aged About 26 Years R/o 2/a Street 29, Sector 5, Bhilai Nagar, District Durg Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Sunil Sahu, Advocate For Respondent(s) : Mr. S. S. Ubeja, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, J. Order on Board Per Ramesh Sinha, Chief Justice 10/01/2025 1. Heard Mr. Sunil Sahu, counsel for the petitioner and Mr. S. S. Ubeja, Panel 2 Lawyer for the Respondent/State. 2. The present petition has been filed by the petitioners under Section 482 of Criminal Procedure Code, with the following prayer: "It is, therefore, prayed that the instant petition may kindly be allowed and the FIR of Crime No. 24/2023 registered at women police station Durg against the petitioners, may kindly be quashed, in the interest of justice." 3. Brief facts of the case are that the marriage between the petitioner no.3 Nafees Bilal Queraishi and the respondent no.2 has been solemnized on 01.11.2020 as per their rites and rituals. It is alleged that after sometime of marriage, the present petitioners who are husband and in-laws of the respondent no.2/ complainant harassing her for demand of dowry and treated her with cruelty. She ultimately made a complaint to the police and when the counselling between them was failed, F.I.R. was registered against them on 13.03.2023 for the offence under Section 498-A, 34 of I.P.C. vide Crime No. 24/2023 registered at Mahila Police Station, Durg. The said F.I.R. has been challenged in the present petition for its quashment. 4. Learned counsel for the petitioners would submit that a false allegation have been levelled by the complainant in the F.I.R. she herself is not willing to reside with her husband and pressurized her husband/petitioner no.3 to reside at her parents' house. The petitioner no.3/husband of the complainant tried to bring back his wife with him for which he made an application before the learned Family Court, Bilaspur for restitution of conjugal rites under the Mohammedan Law which has been registered as Civil Suit No. 272-A/2022. The learned Family Court has decreed the said civil suit in favour of the petitioner no.3/husband vide its judgment and decree dated 29.09.2022. Despite obeying the decree of restitution of conjugal rites, she lodged the report on 13.03.2023. He would also submits that on 02.06.2022 the complainant has filed an application under Section 125 of Cr.P.C. for grant of 3 monthly maintenance amount before the learned Family Court, Durg in which the interim maintenance order has been passed on 05.11.2022 which the petitioner no. 3 is paying regularly. Despite knowing the fact that the decree for restitution of conjugal rites has been passed against her, in order to avoid the execution of decree, she lodge the complaint against the petitioners on which the F.I.R. has been registered by the police, whereas no such harassment was given to the complainant, therefore, the impugned F.I.R. is liable to be quashed. 5. Per contra, learned counsel for the State opposes the submissions made by learned counsel for the petitioners and have submitted that the allegation made in the F.I.R. requires evidence and after due investigation charge-sheet has been filed before the learned Judicial Magistrate First Class, Durg. Charge-sheet has been submitted and the charges have been framed and the case is fixed for prosecution evidence on 05.03.2025. He would further submits that the charge-sheet as well as charges framed against the petitioners have not been challenged by them, therefore, the present petition is not maintainable. 6. We have heard learned counsel for the parties and perused the material annexed with the petition. 7. Considering the submissions made by learned counsel for the parties further considering that there is no interim order of stay in favour of the petitioners, charge- sheet has been filed and criminal proceedings is pending before learned Judicial Magistrate First Class, Durg in which charges have also been framed and the case is fixed for recording of prosecution evidence as stated by the learned counsel for the State counsel on instructions, we do not find any good ground to interfere with the petition and to quash the F.I.R. The same is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.01.17 18:50:08 +0530