1 2025:CGHC:4406-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 295 of 2025 Beena Sharma (Thakur) @ Beenu W/o Shishir Prakash Sharma Aged About 36 Years R/o Sector-01, Block No.- 08, Quarter No. 13d, Bhilai, Police Station Bhilai Bhatti, District Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Supela, District Durg (C.G.) 2 - Gurmit Kour Dhanai W/o Late Narendra Singh Aged About 54 Years R/o Steel Colony, 60 Nehru Nagar, Behind Kabristan, Supela, Bhilai, P.S.- Supela, District Durg (C.G.) ... Respondent(s) For Petitioner(s) : Ms. Pushpa Dwivedi, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 24.01.2025 1. Heard Ms. Pushpa Dwivedi, learned counsel for the petitioner. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for the respondent No.1/ State. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.01.24 17:46:45 +0530 2 2. The petitioner has filed this petition with following prayer: “(1) That, this Hon'ble Court may kindly be pleased to allow the instant petition under Section 528 of B.N.S.S. filed by the petitioner. (2) That, this Hon'ble Court may kindly be pleased to quash the FIR bearing No.603/2020 regsitered on dated 11-09-2020 at Police Station Supela, District Durg (C.G.) under Section 509 (B) of IPC. (3) That, this Hon'ble Court may kindly be pleased to quash charge sheet No.399/2023 on dated 23- 07-2023 before the Judicial Magistrate First Class, Durg, District Durg (C.G.) under Section 509 (B) of IPC (Annexure P-1). (4) That, this Hon'ble Court may kindly be pleased to quash the impugned order dated 05-10-2023 (Annexure P-2) Case No. RCC/11008/2020 whereby the learned JMFC Durg has been taken cognizance of the impugned charge sheet and registered the impugned criminal proceeding on Criminal Case No.RCC/11008/2023 against the petitioner. (5) And to kindly grant any other relief to the petitioner as the Hon'ble Court may deemed fit and proper in fact and circumstances of the case.” 3. Prosecution story in a nutshell is that on 11.09.2020, the complainant Gurmeet Kaur Dhanai W/o Late Narendra Pal Singh, aged about 54 years, R/o Steel Colony Ward No.60, Nahru Nagar, Behind Kabristan, Supela Bhilai, Police Station Supela, District Durg, lodged a written complaint that a unknown mobile phone 3 holder of mobile No. 9630888610 sent Whatsapp message into the complainant's mobile No. 9425292222 and 7000776505 and commented on Facebook tarnishing the dignity and reputation of the victim and disrespecting her modesty. She wrote derogatory and objectionable things using dirty words commenting that you are a curse on woman's name. God created you a woman by mistake. She sent message on Whatsapp and commented on Face-book regarding disrespecting modesty by accusing his character and feeling hurt by causing mental pain. On the basis of aforesaid complaint, the police initiated investigation and when it was found that an offence was committed then a notice under Section 41(A) of Code of Criminal Procedure was served to the accused Veena Sharma. On the allegation of the complainant, the police has registered the crime against the petitioner and registered the case under Offence under Section 509 (B) of IPC and in the present matter the charge-sheet has been filed before the Judicial Magistrate First Class, Durg, District Durg (C.G.) on dated 23-07-2023, which is pending. Hence, this petition. 4. Learned counsel for the petitioner submits that the FIR and charge sheet filed against the petitioner is illegal, arbitrary and against the law and justice and therefore it is laible to be set- aside. The petitioner has lodged the complaint for missing of Mobile on 10-06-2020 at Police Station Pulgaon, which is part of the charge sheet, hence it is possibility that the mobile has been used by other persons. As per the statement under Section 161 of 4 CRPC of husband of petitioner Shishir Prakash Sharma and mother in-law of petitioner namely Kishori Prakash Sharma, it is admitted that they hired the lady Gurmit Kaur Dhanai for help and protection, therefore it is prima-facie proved that the mobile has been used by husband of petitioner of his family members as per the suggestion of complainant Gurmit Kaur Dhanai. The petitioner has lodged the complaint against her in-laws for the offence under Section 498-A, 494, 294, 506, 269 and 34 of Indian Penal Code at Police Station Bhilai Bhatti, District Durg (C.G.) and also the Domestic Violence Act under Section 12, 17, 18 & 19 against the in-laws and trial is pending and other FIR under Section 294, 323, 506, 34 of IPC against the husband and other in-laws and therefore on the malafide intention, the complainant has lodged the false complaint against the petitioner. 5. Learned Panel Lawyer appearing for the State opposes the submissions and prayed made by the petitioner and submits that in the present matter, charge-sheet has already been filed and the case is fixed for framing of charges and it has to be investigated and taken to its logical end. Thus, at this stage, no interference is warranted. 6. We have heard learned counsel for the parties and perused the documents appended with petition. 7. Considering the submissions advanced by the learned counsel for the parties that the charge-sheet has already been filed and case 5 is fixed for framing of charges and further, perusal of the F.I.R. discloses commission of a cognizable offence on the part of the petitioner and the investigation has to be brought to its logical end, hence, no good ground has been raised to interfere in the matter and quash the charge-sheet at this stage. 8. In that view of the matter, we do not find any merit in this petition. The petition lacks merit is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet