Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 26577 (CHH)

SHAHNAJ ALI v. STATE OF CHHATTISGARH

CRMP/1981/2025 · 2025-06-26

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 5 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1981 of 2025 1 - Shahnaj Ali W/o Hader Ali Aged About 58 Years R/o Quarter No. 4/e Avc Colony, Zone No. 03, Sector 11, Khursipar P.S. Kursipar, Bhilai Tahsil And District - Durg Chhattisgarh 2 - Vasim Ali Alias Wasim Ali S/o Hader Ali Aged About 31 Years R/o Quarter No. 4/e Avc Colony, Zone No. 03, Sector 11, Khursipar P.S. Kursipar, Bhilai Tahsil And District - Durg Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through S.H.O./ Mahila Thana Incharge, Police Station - Mahila Thana, Bilaspur District Bilaspur Chhattisgarh 2 - Tanseem Begum W/o Wasim Ali Aged About 31 Years R/o Ekta Chowk, Talapara, Civil Lines Bilaspur, District - Bilaspur Chhattisgarh ... Respondent(s) Order Sheet 27.06.2025 Heard Mr. Sandeep Jha, learned counsel for the petitioners. Also heard Mr. Nitansh Jaiswal, learned Panel Lawyer for respondent No. 1 / State. Learned counsel for the petitioners submits that MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.06.28 11:40:52 +0530 2 / 5 there is a matrimonial dispute between petitioner No.2 / husband and respondent No. 2 / wife and the alleged marriage between them was solemnized on 19.05.2023, the petitioners are innocent person and they have not committed any offence alleged by the prosecution. There is no specific instances within the complaint filed by the complainant. The petitioners on 26.07.2023 had already lodged a complaint against the respondent no. 02 and averred that she is threatening the family members including petitioner No. 02 that she will lodge the false case against the family members. The complaint against the respondent No. 02 was lodged 6 months prior but still the respondent No. 01 had lodged the bogus FIR against the petitioner’s. Further, the respondent No. 02 on 30.10.2023 had already given the intimation to the SHO/TI of Police station Khursipar that due to health issues she is going back to Bilaspur with her father and she took all the Jewellery and clothes with her. Even the father of the respondent No. 02 had confirmed that he is taking his daughter for check up. The complainant had never lodged the complaint against her husband and 3 / 5 mother-in-law in any police station especially in Khursipar, Bhilai (C.G.) related to the mental harassment, dowry and cruelty. In the matter of Jayedeepsingh Pravinsingh Chavda and Others v/s State of Gujarat (2024 SCC OnLine SC 3679), the Hon'ble Court discussed the essential ingredients required to constitute an offence under Section 498-A IPC, stressing that mere cruelty is not enough unless it is accompanied by intent to cause grave injury or coercion to meet unlawful demands. The complainant lodged the complaint is devoid of merit because in complaint the complainant had mentioned that she lodged the oral complaint and then her father wrote the matter and then both of them came to Bilaspur. 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 No.2 / husband and respondent No. 2 / wife is matrimonial in nature, we deem it appropriate to make an effort to get the said 4 / 5 dispute settled by way of mediation. In view of the above, petitioners shall deposit Rs. 1,00,000/- with the Mediation Centre of this Court 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 11.07.2025. 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 on the aforesaid date. List this matter along with report of Mediation Centre before this Court on 21.07.2025. Till the next date of listing, further proceedings in relation to Criminal Case No. 2429/2024, pending before the learned JMFC, Bilaspur (C.G.) arising out of FIR bearing Crime No. 0009/2024 instituted to charge-sheet bearing No.17/2024 for commission of offence which is punishable under Section 498(A) and 34 of the IPC registered at Police Station Mahila Thana, Bilaspur (C.G.), shall remain stayed. 5 / 5 Manpreet 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 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