1 2025:CGHC:13835-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3460 of 2024 1 - Sunil Kumar Kesharwani S/o Shri Prafulla Kumar Kesharwani, Aged About 41 Years, R/o Vasundhara Nagar, P.S. Civil Line, Bilaspur, District : Bilaspur, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through- SHO, P.S. Civil Line, District : Bilaspur, Chhattisgarh 2 - Smt. Ekta Kesharwani W/o Sunil Kumar Kesharwani, Aged About 39 Years, R/o Gupta Gali, Near City Kotwali, District : Korba, Chhattisgarh ... Respondents For Petitioner : Ms. S.K. Dangi and Mr. Sajal Kumar Gupta, Advocates. For State : Mr. Hariom Rai, Panel Lawyer. For Respondent No.2 : Ms. Juhi Jaiswal, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha , Chief Justice 22-03-2025 1. Vide order dated 02-01-2025 this Court has sent the matter for mediation between the parties to the High Court Mediation Center so that the possibility of their amicable settlement may be explored. But, efforts could not be materialized and mediation between the petitioner and respondent No.2 fails as per the report of mediation Center dated Digitally signed by MOHAMMAD AADIL KHAN 2 31-01-2025. Thereafter, this Court proceeds to here the matter 2. Present petition has been fled by the petitioner under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR bearing No.581/2024 registered at Police Station Civil Lines Bilaspur and consequential charge sheet dated 26-09-2024 for the offence under Section 498A of the IPC and the petitioner has made following prayer in his petition:- “It is, therefore, prayed that the Hon’ble High Court may kindly be pleased to allow this petition and set aside impugned- A. the charge sheet filed by the respondent no. 1 bearing final report no. 550/2024 dated 25.09.2024 in FIR no. 581/2024 under Section 498A of IPC along with the order of taking cognizance of Charge sheet dated 26.09.2024 by Learned Chief Judicial Magistrate Bilaspur (Annexure P/1)and; B. the order of framing charge dated 03.12.2024 and rejection of discharge application vide order dated 02.12.2024 under Section 498A of IPC by Learned Judicial Magistrate First Class Bilaspur in Criminal case no. 9757/2024, whereby, the Ld. Court below has refused to consider the objections raised by the petitioner that no charge is made out and have charged the petitioners with offence punishable u/s 498 A of IPC vide order dated 02.12.2024 while 3 rejecting the application under section 250 BNSS filed by petitioner (Annexure P/2) and; C. The consequential criminal proceeding pending before Learned Judicial Magistrate First Class Bilaspur in Criminal case no. 9757/2024. Are apparently bad in law, as such liable to be set aside by this Hon’ble Court.” 3. Brief facts of the case are that the petitioner is accused of the orfence of Crime No.581/2024 registered at Police Station Civil Lines, Bilaspur for the offence under Section 498A of the IPC. The complaint was lodged by the complainant/respondent No.2 who is his wife. When police received information that respondent No.2 consumed harpic toilet cleaner and she is admitted at Umang hospital Gourav Path, Bilaspur the police proceeded to the hospital and after recording of the statement of respondent No.2 it comes that on the issue of going to her mother who underwent a surgery, the petitioner tortured her and assaulted her. By the harassment of the petitioner, she consumed harpic toilet cleaner and then the FIR for the offence under Section 498A of the IPC has been registered against the petitioner. When the statement of respondent No.2 and other witnesses were recorded, it comes in their statement that the marriage between the petitioner and respondent No.2 is solemnized about 13 years back and out of their wedlock two children were there. It is alleged by respondent No.2 that after about 10 days of their marriage the petitioner started harassing her on various issues, he has also beaten their children and due to his harassment she 4 consumed harpic toilet cleaner. After due investigation charge sheet was filed against the petitioner for the offence under Section 498A of the IPC before the learned Judicial Magistrate First Class Bilaspur and cognizance of the offence was taken on 26-09-2024. 4. Learned counsel for the petitioner would submit that respondent No.2 herself does not want to live with her husband. She was suffering from gychonological problem she had taken treatment from various hospitals and underwent surgery on 01-06-2024 and then she pressurized the petitioner to stay with her at her parents house. When the petitioner refused the said proposal she consumed harpic toilet cleaner. There is no harassment by the petitioner to his wife rather he is taking every care of his wife. Both the children are with the petitioner and the respondent No.2 is not taking care of them. He would further submit that the bald and omnibus allegations have been leveled against the petitioner from which the ingredients of offence under Section 498A of the IPC is missing. He would further submit that the proceeding of the restitution of conjugal rights was initiated by the petitioner before the learned Family Court Bilaspur, in which compromise was taken place before the Lok Adalat on 13-05-2023 and they started residing together. Again respondent No.2 pressurized him to live with her at her parents house which the petitioner has denied, therefore, there is no sufficient ground to proceed with the trial as there is no sufficient material in the charge sheet against the petitioner for the offence under Section 498A of the IPC. Therefore, the petition may be allowed and the FIR, charge sheet and the proceeding of the criminal case against the petitioner may 5 be quashed. 5. On the other hand, learned counsel for the State would submit that after due investigation charge sheet has been filed against he petitioner in which the learned trial Court has taken cognizance of the offence punishable under Section 498A of the IPC against the petitioner and the trial of the case is pending. 6. Learned counsel for the respondent No.2 vehemently opposes the submission made by learned counsel for the petitioner and has submitted that there are sufficient material in the charge sheet to proceed with the trial of the case. There are allegation that the petitioner committed cruelty with respondent No.2 wife. On multiple occasions she was being harassed by the petitioner and she was beaten by him also. Due to unbearable harassment she consumed harpic toilet cleaner in her house and when she was admitted to the hospital, even her parents were informed by the petitioner after about 2 days of her hospitalization. The petitioner is not permitting her to meet her children and therefore, she made application before the learned Family Court for custody of her children. There are positive allegation against the petitioner that he committed cruelty with respondent No.2 and the genuineness of the allegation is to be tested during the trial. The FIR as well as the chargesheet cannot be quashed while invoking powers under Section 528 of BNSS, 2023, therefore, the petition is liable to be dismissed. 7. We have heard learned counsel for the parties and perused the record. 8. From perusal of the FIR as well as statement of the respondent 6 No.2 recorded under Section 161 of the Cr.P.C. it is quite vivid that she made allegation against the petitioner that after about 10 days of their marriage the petitioner started harassing her and he used to raise quarrel with her and suspected her fidelity. He also has beaten their daughter and when she tried to stop him she too was beaten by him. It has also come in her statement that due to the harassment given by the petitioner she consumed harpic toilet cleaner and when her condition was deteriorating then only she was admitted to the hospital. The statement of respondent No.2 was also corroborated with the statement of her sister Kritika Gupta and her father Surendra Kumar Gupta. 9. At this stage it is very difficult for this Court to disbelieve the statement made by respondent No.2 that there is no ingredients of offence under Section 498A of the IPC or there is no material that the respondent No.2 was harassed by the petitioner. The nature of dispute between the petitioner and respondent No.2 being matrimonial dispute having various facets which are factual in nature which can be determined only after trail of the case. We find prima facie sufficient evidence in the charge sheet to proceed with the trial of the case and there is no infirmity or illegality in taking cognizance of the offence of Section 498A of the IPC by the learned trial Court. In the result the present petition fails and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil