Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:5481-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1589 of 2019 1 - Vinod Kumar Dwivedi S/o Shri Uma Shankar Dwivedi, Aged About 57 Years, R/o HIG 42, C - Kunj, Jagarnathpuram, Rajkishore Nagar, Bilaspur, Tehsil and District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Smt. Alpana Dwivedi W/o Shri Vinod Kumar Dwivedi, Aged About 55 Years, R/o HIG 42, C - Kunj, Jagarnathpuram, Rajkishore Nagar, Bilaspur, Tehsil and District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - Vaibhav Dwivedi S/o Shri Vinod Kumar Dwivedi, Aged About 29 Years, R/o HIG 42, C - Kunj, Jagarnathpuram, Rajkishore Nagar, Bilaspur, Tehsil and District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Varun Dwivedi S/o Shri Vinod Kumar Dwivedi, Aged About 25 Years, R/o HIG 42, C - Kunj, Jagarnathpuram, Rajkishore Nagar, Bilaspur, Tehsil and District Bilaspur Chhattisgarh. (Accused), District : Bilaspur, Chhattisgarh
... Petitioners versus 1 - State of Chhattisgarh Through, Secretary, Department of Home Affairs, Mahanadi Bhawan, Naya Raipur, Revenue and Civil District Raipur Chhattisgarh., District : Raipur, Chhattisgarh Digitally signed by MOHAMMAD AADIL KHAN
2 2 - Station House Officer, Police Station Mahila Thana Ambikapur, District Sarguja Chhattisgarh. (Prosecution), District : Surguja (Ambikapur), Chhattisgarh 3 - Kaushal Kishore Tripathi S/o Shri Bhisham Dev Tripathi, Aged About 57 Years, R/o High School Road, Ambikapur, Police Station and Tehsil - Ambikapur, District Sarguja Chhattisgarh. (Complainant), District : Surguja (Ambikapur), Chhattisgarh 4 - Kumari Meha Tripathi D/o Kaushal Kishore Tripathi, Aged About 27 Years, R/o High School Road, Ambikapur, Police Station and Tehsil - Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh
... Respondents For Petitioners : Mr. Surfaraj Khan, Advocate. For State Mr. Hariom Rai, Panel Lawyer. For Respondents No.3 and 4 : Mr. Siddharth Pandey, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board Per Ramesh Sinha, Chief Justice 30-01-2025
1. The present petition has been filed with following prayer:-
“It is, therefore, prayed that the petition may kindly be allowed and the entire criminal prosecution in Criminal case No.197/2019, pending in the court of Learned J.M.F.C. Ambikapur (Anneuxre P-1), and its consequential proceeding, for the offences punishable Under Section 3 & 4 of Dowary Prohibition Act, 1961, may kindly be quashed, in the interest of justice.”
2.
Facts as mentioned in the petition are that, marriage proposal of
3 Kumari Meha Tripahti (Respondent No.4) was fixed with the accused Vaibhav Dwivedi (Petitioner No. 3) and due to alleged demand of dowry, the marriage could not solemnized. Thereafter, on 31-03-2018 the father of Kumari Meha Tripathi, namely, Kaushal Kishor Tripathi (Respondent No.3) has lodged F.I.R. No.08/2018 at Mahila Thana Ambikapur against the petitioners under Section 3 and 4 of the Dowry Prohibition Act,
1961. After completion of investigation charge sheet has been filed under Section 3 and 4 of the Dowry Prohibition Act, 1961 which is registered as Criminal Case No.197/2019 and the same is pending before the learned Judicial Magistrate First Class, Ambikapur and the petitioners are on bail in the case. Hence, the petitioners have filed the present petition with the aforesaid prayer.
3. The parties at the outset have submitted that there is no interim
order in the present case and further that the trial is in progress and three prosecution witnesses have already been examined.
4. In view of the submissions made by the learned counsel for the parties, we are not inclined to interfere in the matter at this belated stage as the trial is in progress. Accordingly, the present petition is dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil