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2025 DAILYLAW 42835 (CHH)

CHINTA BHADORIYA v. STATE OF CHHATTISGARH

CRMP/2741/2023 · 2025-02-12

Shri Ravindra Kumar Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:7480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2741 of 2023 1 - Chinta Bhadoriya W/o Kuber Singh Bhadoriya Aged About 52 Years Occupation- Housewife, R/o House No. 21, New Colony No. 3 B, Birla Nagar, Gwalior, Madhya Pradesh (Mother-In-Law) 2 - Kuber Singh Bhadoriya S/o Late Shri Baijnath Singh Bhadoriya Aged About 65 Years Occupation- Retired Government Servant, R/o House No. 21, New Colony No. 3 B, Birla Nagar, Gwalior, Madhya Pradesh (Father-In-Law) 3 - Devendra Singh Bhadoriya S/o Kuber Singh Bhadoriya Aged About 28 Years Occupation- Housewife, R/o House No. 21, New Colony No. 3 B, Birla Nagar, Gwalior, Madhya Pradesh (Brother-In-Law) --- Petitioner(s) versus 1 - State of Chhattisgarh Through- Police Station Mahila Thana, District Bilaspur, Chhattisgarh. 2 - Smt. Unnati Parmar D/o Gajendra Parmar Aged About 29 Years R/o Devraj Bhawan, Rajkishore Nagar, Mopka, District Bilaspur, C.G. --- Respondent(s) For Petitioner(s) : Mr. Manoj Paranjpe, Advocate For Respondent/State For Respondent No. 2 : : Mr. N. K. Jaiswal, Panel Lawyer. Ms. Gunjan Tiwari, Advocate. WPCR No. 78 of 2025 1 - Smt. Unnatti Bhadoriya W/o Awdesh Bhadoriya Aged About 33 Years Current Address - Omkar Homes Raj Kishore Nagar, Sarkanda, Bilaspur Tahsil And District - Bilaspur (C.G.) Permanent Address - Vrindavan Garden, Hazari Birla Nagar, Gwalior, Tahsil And District - Gwalior (M.P.) ---Petitioner(s) 2 Versus 1 - State of Chhattisgarh Through The P.S. Mahila Thana, Bilaspur, Tahsil And District - Bilaspur (C.G) --- Respondent(s) For Petitioner : Ms. Gunjan Tiwari, Advocate For Respondent/State : Mr. N. K. Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 12/02/2025 1. Heard Mr. Manoj Paranjpe, learned counsel for the petitioners in CRMP No. 2741/2023 and Ms. Gunjan Tiwari, learned counsel for the petitioner in WPCR No 78/2025. Also heard Mr. N. K. Jaiswal, learned Panel Lawyer, appearing for the respondent/State. 2. Both these petitions are arising out the same crime number, therefore, they are being heard and decided together. 3. The CRMP No. 2741/2023 is filed by the accused persons for quashing of the FIR bearing Crime No. 65/2023 registered at Police Station Mahila Thana, Bilaspur and prayed the following relief: "It is, therefore prayed that the Hon'ble Court may kindly be pleased to allow the instant 482 petition filed by the petitioners, quashing the FIR bearing No. 0065/2023 registered at Police Station Mahila Thana, Bilaspur, District Bilaspur (C.G.) and all subsequent proceedings initiated in pursuance of the FIR, so far 3 as it related to the petitioners who are mother-in-law, father-in-law & brother-in-law is concerned. 4. The WPCR No. 78/2025 is filed by the complainant for a direction to the police authorities to file charge-sheet pursuant to the FIR No. 65/2023 registered at Police Station, Mahila Thana, Bilaspur and prayed following relief in her petition: "10.1 That, the Hon'ble Court may kindly be pleased to allow the writ petition filed by the petitioner's and the pleased to make an order & direct S.P. Bilaspur and the Station House Officer of P.S. Mahila Thana to file the charge sheet pursuant to the FIR No. 0065/2023 dated 05.10.2023 for the offence u/s 498- A, 506, 34 of IPC within stipulated time period. 10.2 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition." 5. Brief facts of the case are that the marriage between the complainant Smt. Unnatti Bhadoriya and son of the present petitioner Nos. 1 & 2 namely Awadhesh Singh Bhadoriya was solemnized on 21.01.2011, it is alleged that after sometime of marriage the complainant Smt. Unnatti Bhadoriya was subjected to cruelty for demand of dowry by her husband and in-laws ultimately she lodged a complaint on 05.10.2023 to the police on which the FIR of Crime No. 65/2023 has been registered at Police Station, Mahila Thana, Bilaspur for the offence under Section 498-A, 506 and 34 of IPC against the present petitioners who are the in-laws of the complainant and her husband Awadhesh Singh Bhadoriya. The said FIR is under challenge in the present Criminal Misc. Petition No. 2741/2023. 6. Considering that the complaint has been filed on 05.10.2023 and FIR has been registered on the same day i.e. on 05.10.2023 but till date final report has not 4 been filed, therefore, the complainant has filed the present WPCR No. 78/2025 seeking a direction to the police authorities to file charge-sheet pursuant to the FIR No. 65/2023 registered at Police Station Mahila Thana, Bilaspur for the offence under Sections 498-A, 506 and 34 of IPC. 7. Learned counsel appearing for the State in both the cases would submit that the FIR has been investigated by the concerned police and closure report No. 01/2024 has been submitted on 21.11.2024 before the learned Judicial Magistrate First Class, Bilaspur which is pending for its consideration. A copy of the final report dated 21.11.2024 is also placed in the CRMP No. 2741/2023 by the State counsel which is taken on record. 8. Since the FIR of Crime No. 65/2023 registered at Police Station Mahila Thana, Bilaspur, which is the subject matter in both these petitions, came to the conclusion and police report (closure report) No. 01/2024 has been submitted before the learned Judicial Magistrate First Class, Bilaspur on 21.11.2024, it would be futile exercise to go into the merits of these petitions as the closure report has already been submitted by the police. 9. In view of the above, both these petitions are disposed of with liberty to the parties that they may take recourse to law, if cause of action subsequently arose and if so advised. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.02.22 10:54:04 +0530