1 2025:CGHC:40762-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2214 of 2025 Dinesh Kumar Swarnakar S/o Chandrika Prasad Swarnakar, Aged About 49 Years R/o Telipara, Bilaspur, At Present Resident Of Ramnagar, Kawardha, Tahsil And Police Station - Kawardha, District - Kabirdham (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station- Sarkanda, District- Bilaspur (C.G.) 2 - Smt. Vandana Swarnakar W/o Dinesh Kumar Swarnakar, Aged About 49 Years R/o Quarter No. 4 Phase-2 Vip City Rajeev Vihar, Rajkishore Nagar, Bilaspur, P.S. - Sarkanda, District - Bilaspur (C.G.) (Complainant) ... Respondents (Cause title taken from CIS) For Petitioner : Mr. Sanjeev Kumar Sahu, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer For Respondent No. 2 : Mr. Achyut Tiwari, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 13/08/2025 1. By the present petition, the petitioner has prayed for following reliefs:- AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.08.14 19:50:14 +0530 2 “(a) Allow the instant petition under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023. (b) Quash the impugned FIR bearing Crime No. 754/2025 dated 25.05.2025 registered at Police Station, Sarkanda District-Bilaspur (C.G.) for the offence punishable under Section 498-A of Indian Penal Code against the petitioner. (c) Any other relief which the Hon'ble Court deems fit, may kindly be granted in favour of petitioner, in the interest of justice.” 2. As per the mediation report dated 29/07/2025, mediation between the parties has failed, which is reproduce under:- “In compliance with the Hon'ble Court order dated 15/07/2025, the case was assigned to Mediator Shri Sudeep Agrawal. The Mediator after conducting mediation sessions has informed vide report dated 29/07/2025 that :- "Petitioner/Appellant is present. Respondent/Complainant is present. The Case/Matter is Not Settled" 3. In compliance of this Court order dated 15/07/2025, the petitioner Shri Dinesh Kumar Swarnakar has deposited the amount of Rs. 1,00,000/- with the Mediation Centre on 29.07.2025 and the respondent No.2- Smt. Vandana Swarnakar has received the amount of Rs.1 lac in cash on the same day. 4. Facts of the case, in brief, is that on 25.05.2025 the complainant/respondent No. 2 lodged report at Police Station, Sarkanda, alleging therein that her marriage was performed with 3 the petitioner on 30.06.2006 and out of their wedlock they blessed with two children. Later on the complainant came to know that the petitioner has kept one Nisha Swarnakar as his second wife. In all the documents like Adhar Card, Voter ID Card, Ration Card etc. of Nisha Swarnkar, the name of her husband has been recorded as Dinesh Kumar Swarnkar (petitioner herein). The complainant has also come to know that out of the wedlock of petitioner and Nisha Swarnakar, two sons namely Rudra Swarnakar and Lakshya Swarnakar have been born. At present, the petitioner is living with said Nisha Swarnakar and their children at Shankar Nagar, Ramnagar Ward No. 8, Kawardha. It is alleged that the petitioner has tortured and harassed the complainant and her children, mentally and physically. Based on above facts, present crime was registered against the petitioner. 5. Learned counsel for the petitioner would submit that the petitioner has been falsely implicated in the present case. The petitioner has never kept said Nisha Swarnakar as his second wife and without any basis, the respondent No.2 has lodged report against him. He would further submit that in the FIR, only the omnibus and vague allegation is made, which does not constitute an offence under Section 498-A of IPC against the petitioner. The complainant herself has left her matrimonial house, without any reasonable cause. Learned counsel further submits that only for grabbing the property of petitioner, she has lodged false and fabricated report against the petitioner. 4 6. On the other hand, learned counsel for the respondents would submit that the marriage of the complaint/respondent No.2 was solemnized with the petitioner and out of their wedlock, two children have been born. But after the marriage, the complainant/wife came to know that the petitioner has kept one Nisha Swarnakar as his second wife and In all the documents like Adhar Card, Voter ID Card, Ration Card etc. of Nisha Swarnkar, the name of her husband has been recorded as Dinesh Kumar Swarnkar (petitioner herein) and out of the their wedlock, two sons namely Rudra Swarnakar and Lakshya Swarnakar have been born. In the FIR, it is also alleged that the on 21/02/2025, the petitioner came to the house of complainant/wife in the drunken condition, started altercation with wife, abused and assaulted her by hands and fist and on being intervened by the children, the petitioner assaulted them too. Hence, looking to the act committed by the petitioner, the petition may be dismissed. 7. We have heard learned counsel for the parties, perused the pleadings and impugned FIR. 8. From bare perusal of FIR, it is manifest that the petitioner has kept one Nisha Swarnakar as his second wife and in all the documents like Adhar Card, Voter ID Card, Ration Card etc. of Nisha Swarnkar, the name of her husband has been recorded as Dinesh Kumar Swarnkar (petitioner herein). Out of the wedlock of petitioner and Nisha Swarnakar, two sons namely Rudra Swarnakar and Lakshya Swarnakar have been born. Apart from 5 that, the petitioner entered into the house of the complainant in intoxication condition and assaulted the complainant/wife and her children by hands and fist. 9. After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R., we are of the opinion that the impugned F.I.R. discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Section 528 of the BNSS for quashing of the F.I.R. or for grant of any interim relief to the petitioner and also in view of the law laid down in Criminal Appeal No. 330 of 2021 (M/s Neeharika Infrastructure Pvt. Ltd. Vs. The State of Maharashtra & others), by the Apex court vide judgment and order dated 13.04.2021, the present petition is liable to be dismissed. 10. In view of foregoing discussion, particularly considering the submissions of the learned counsel for the parties, material available on record, perusing the FIR in which specific allegations have been made and against the petitioner, we are of the considered opinion that prima-facie, offence alleged against the petitioner is made out for prosecuting the petitioner in the case, hence, we are not inclined to allow the petition at this stage. 11. Accordingly, the present petition is dismissed. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Gowri/Amardeep