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2025 DAILYLAW 4177 (CHH)

AVINASH DAHARIYA v. STATE OF CHHATTISGARH

CRMP/246/2025 · 2025-01-22

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 246 of 2025 1 - Avinash Dahariya S/o Narmada Prasad Aged About 32 Years R/o Village- Godhi, Police Station- Rampur, District- Korba, Chhattisgarh 2 - Narmada Prasad Dahariya S/o Sadhuram Aged About 57 Years R/o Village- Godhi, Police Station- Rampur, District- Korba, (C.G.), Presently Residing at 3 - Urmila Prasad W/o Narmada Prasad Aged About 48 Years R/o Village Godhi, Police Station- Rampur, District- Korba (C.G.), Presently Residing at 4 - Abhishek Dahariya S/o Narmada Prasad Aged About 28 Years R/o Village Godhi, Police Station-Rampur, District- Korba, (C.G.), Presently Residing at 5 - Amitesh Dahariya S/o Narmada Prasad Aged About 24 Years R/o Village- Godhi, Police Station-Rampur, District- Korba, (C.G.), Presently Residing at ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Ministry of Home, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.01.23 14:11:23 +0530 2 2 - The Station House Officer Police Station- Baloda, District- Janjgir- Champa, Chhattisgarh. 3 - Rajani Dahariya W/o Avinash Dahariya Aged About 24 Years R/o Village- Godhi, Police Station- Rampur, District- Korba (C.G.) Presently Residing At Village- Khaija, Chowki-Pantora, District- Janjgir-Champa, (C.G.) (Complainant) ... Respondent(s) Order Sheet 22/01/2025 Heard Mr. Dhirendra Prasad Mishra, learned counsel for the petitioners as well as Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the State/respondent No.1 & 2 and perused the impugned F.I.R. as well as charge-sheet and materials brought on record. It has been submitted by the learned counsel for the petitioners that petitioner No.1 is the husband, petitioner No.2 is the father-in-law, petitioner No.3 is mother-in-law, petitioner Nos. 4 & 5 are the brother-in- laws of the complainant / respondent No.2. Marriage of petitioner No.1 was performed with the respondent No.3 on 22.05.2024 in an arranged marriage at village 3 Godhi, District – Korba and petitioner No.1 is a student, who is preparing for competitive examinations and respondent No.3 is a qualified with M.Sc (Botony) Graduate and prior to her marriage, she was working in a private school as a teacher. He further submitted that respondent No.3 resided at her in-law’s house after marriage for 29 days only, then she returned back to her maternal home. He also submitted that filing of charge-sheet for offence punishable under Section 498A of IPC against the petitioners amounts to abuse of process of law and Court, as the police report along with supporting materials do no disclose commission of any offence much less an offence of cruelty as envisaged under the provisions of Section of 498-A of IPC. He lastly submitted that the present matter be referred to Mediation & Conciliation Centre of this Court being matrimonial in nature as there are chances of compromise between the parties. Considering the fact that the dispute arrived at between the parties is matrimonial in nature, we deem it 4 appropriate to make an effort to get the said 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 within a period of one week from today and the same shall be paid to respondent No. 3/ complainant on her appearance before the Mediation Centre. Parties are directed to appear before the Mediation Centre of this Court on 10.02.2025. Learned State counsel is directed to inform the private respondent i.e. respondent No. 3 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 24.02.2025. Till the next date of listing, further criminal proceedings in Criminal Case No. 1276/2024, arising out of FIR dated 25.10.2024 registered at Police Station – Baloda, District – Janjgir-Champa bearing Crime No. 5 378/2024 under Section 498-A read with Section 34 of IPC, which is pending before the Court of learned Judicial Magistrate First Class, Akaltara, District – Janjgir-Champa shall remain stayed. 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 concerned trial Court 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/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra