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2025 DAILYLAW 50419 (CHH)

TEJESH KUMAR CHANDRAKAR v. STATE OF CHHATTISGARH

CRMP/2801/2025 · 2025-09-07

Shri Bibhu Datta Guru

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Judgment text

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1 / 7 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2801 of 2025 1 - Tejesh Kumar Chandrakar S/o Chhannu Lal Chandrakar Aged About 36 Years R/o Quarter No. 15, Street C, Phase 1, Simran City, Matthpuraina, Raipur District - Raipur, Chhattisgarh 2 - Chhannu Lal Chandrakar S/o Khuman Singh Chandrakar Aged About 58 Years R/o Quarter No. 15, Street C, Phase 1, Simran City, Matthpuraina, Raipur District - Raipur, Chhattisgarh 3 - Smt. Yogeshwari Chandrakar W/o Shri Chhannu Lal Chandrakar Aged About 57 Years R/o Village Matiya Post Mahud Teh. Gunderdehi District - Balod (C.G.) 4 - Ajay Chandrakar S/o Shri Chhannu Lal Chandrakar Aged About 28 Years R/o Quarter No. 15, Street C, Phase 1, Simran City, Matthpuraina, Raipur District - Raipur, Chhattisgarh SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.09.08 17:14:45 +0530 2 / 7 (Address Of The Petitioners Wrongly Mentiond As Village Matiya Thana Ranchidai District - Balod (C.G.) In Fir Chargesheet And Charge) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Baloda District - Balodabazar- Bhatapara (C.G.) 2 - Smt. Swati Bala Chandrakar W/o Tejesh Kumar Chandrakar Aged About 29 Years R/o Panchsheel Nagar, Baloda Bazar P.S. Baloda District - Balodabazar- Bhatapara (C.G.) Complainant) ... Respondent(s) Order-sheet 08/09/2025 Heard Shri Ravi Bhagat, learned counsel for the petitoner. Also heard Shri Hariom Rai, learned Panel Lawyer for the State. Learned counsel for the petitioners submits that there is a matrimonial dispute 3 / 7 between husband/ petitioner No.1 and respondent No. 2 / wife and the alleged marriage between them was solemnized on 13.03.2019, petitioners No. 2 to 4 are the in-laws of the respondent No.2 and the present FIR has been lodged by respondent No. 2 against her husband and in-laws/ the petitioners just for her malicious intentions to harass them on 27.08.2022. He submits that though the charges have been framed against the petitioners vide order dated 12.01.2024, but till date the respondent no. 2 has not appeared for recording of the evidence. He further submits that the impugned FIR is illegal and bad in law and thus are liable to be quashed. The FIR is manifestly malicious, and is aimed at coercing and harassing the petitioners and their family and the same has been filed to gain undue 4 / 7 advantage and harass the petitioners. He lastly submits that the present matter be referred to Mediation & Conciliation Centre of this Court being matrimonial in nature as there may be chances of compromise between the parties. Learned counsel for the petitioners also relied upon the judgment passed by the Hon’ble Apex Court in the case of “Narendra vs. K. Meena, (2016) 9 SCC 455”, in the matter of “Kahkasha Kausar @ Sonam vs. State of Bihar” (2022) 6 SCC 599 and in the matter of “State of Haryana and Others vs. Bhajan Lal and Others”, 1992 Supp (1) SCC 335. Considering the fact that the dispute arrived at between the parties i.e. petitioner No.1 / husband and respondent No. 2 / wife is matrimonial in nature, we deem it appropriate 5 / 7 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 seven days from today and the same shall be paid to respondent No. 2 on her appearance before the Mediation Centre. Parties are directed to appear before the Mediation Centre of this Court on 16.09.2025. Learned State counsel is directed to inform the private respondent No.2 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 6 / 7 08.10.2025. Till the next date of listing, further proceedings in Criminal Case No. 421/2023, namely State of Chhattisgarh vs. Tejesh Kumar Chandrakar and others pending before Learned Judicial Magistrate First Class (JMFC) Bhatapara, District- BalodaBazar- Bhatapara (C.G.) against the petitioners, shall remain stayed. After depositing the amount as aforesaid, notice shall be issued to the parties. 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 7 / 7 Shoaib copy of the receipt 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/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice