1 2025:CGHC:52870-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1954 of 2025 Devendra Kumar Ambade (On Bail) S/o Late Anant Ram Ambade Aged About 42 Years Present Address- Ward No. 09, Misiyabada, Dongargarh, Dist. Rajnandgaon (C.G.) Petitioner(s) versus 1 - Smt. Naina Ambade And Anr. W/o Devendra Ambade Aged About 36 Years House No. 21 Parthiv Nagar, Mahoba Bazar Hirapur Raipur (C.G.) 2 - State Of Chhattisgarh C.G. Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. G.M. Hasan, Advocate For State : Mr. Hariom Rai, PL For Respondent No.1: None, despite service of notice. Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Order on Board Per Bibhu Datta Guru, J 29/10/2025 RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.10.30 17:31:14 +0530 2 1. The instant CRMP under Section 528 of the BNSS, 2023 has been filed by the petitioners for the following prayer :- 1. That, the applicant has filed a CRMP U/s 528 BNSS, Devendra Kumar Ambade and other V. State of Chhattisgarh Case No. 8493/2024 in Crime No. 44/2024 under Section 4/5 498-A of the IPC 34. 2. That, in the Court of Dipti Lakra Judge, Raipur, in the case FIR was filed 13/03/2024 in liable to be quashed for. 3. That, the charge-sheet was field on 16/05/2024 against the applicant Devendra Kumar Ambade & others whole charge-sheet is false & fabricated and in the interest of justice the whole charge-sheet is also liable to be quashed. 4. That, all accused person may kindly be discharge and may kindly all aquted in the interest of justice that the whole charge- sheet in prepared by the police to harass the applicant there for charge-sheet is liable to quashed may kindly be quashed in the interest of justice.” (copied from the petition) 2. Learned counsel for the petitioners would submit that the marriage between the parties was solemnized in the year 2015, and the present FIR dated 13.03.2024 has been lodged by the complainant after an inordinate and unexplained delay of nearly ten years, making bald and omnibus allegations of harassment and dowry demand. It is submitted that the impugned FIR bearing Crime No. 44/2024 registered at Mahila Police Station, Raipur (C.G.) under Sections 498A, 377, 406, 506, and 34 of the IPC, and the subsequent charge sheet dated 16.05.2024, are false, fabricated, and have been lodged with mala fide intent to harass the petitioners on account of matrimonial discord. The allegations of cruelty and alleged demand of ₹10,00,000/- are vague, exaggerated, and unsupported by any cogent material on record. The petitioners 3 belong to a respectable and educated family; petitioner No.1 is a railway employee earning around ₹40,000/- per month and is maintaining his aged mother and married sister. The FIR appears to be a counterblast and a misuse of the criminal justice system to exert undue pressure upon the petitioners. As all the petitioners have already been granted anticipatory bail by the learned ASJ (FTC), Raipur, on 22.01.2024, no prima facie case is made out against them. Hence, in the interest of justice, the FIR and charge sheet deserve to be quashed, as their continuation would amount to abuse of the process of law. 3. Learned counsel for the State oppose the submission made by the counsel for the petitioners and submits that FIR has been registered after due inquiry as such, this CRMP may be dismissed. 4. We have heard learned counsel for the parties and perused the record with utmost circumspection. 5. It is noteworthy to mention here that, vide order of this Court dated 14.07.2025, the matter was referred to the Mediation Centre of this Court for an amicable settlement between the parties. However, the mediation report reveals that despite due notice, neither of the parties appeared before the learned Mediator. Subsequently, notice was issued to respondent No.1/complainant, but despite service of notice, none appeared on her behalf. Consequently, the mediation proceedings were recorded as “Not Settled.” 6. Upon careful consideration of the rival submissions and perusal of the record, it is evident that the present FIR arises out of a purely matrimonial discord between the complainant and petitioner No.1, following their marriage 4 solemnized in the year 2015. The allegations made in the FIR dated 13.03.2024 are general and omnibus in nature, lacking specific details as to the overt acts attributable to each of the accused persons. The other petitioners, who are family members of petitioner No.1, have been implicated merely by virtue of their relationship, without any distinct or specific role being assigned to them. The record further reflects that the FIR has been lodged after an inordinate delay of nearly ten years from the date of marriage, which remains unexplained. Such belated allegations of cruelty and dowry demand, unsupported by any cogent material, indicate that the dispute is essentially matrimonial and personal in nature. Continuation of the criminal proceedings in such circumstances would amount to undue harassment and abuse of the process of law. 7. It is well settled that criminal proceedings arising out of matrimonial disputes, wherein the allegations are vague and general and do not disclose the ingredients of the alleged offences, can be quashed in exercise of the inherent jurisdiction of this Court to prevent miscarriage of justice. In the present case, the FIR bearing Crime No.44/2024 dated 13.03.2024 registered at Mahila Police Station, Raipur (C.G.) for offences under Sections 498-A, 377, 406, 506, and 34 of the IPC, and the charge sheet dated 16.05.2024 filed pursuant thereto, do not prima facie establish the essential ingredients of the alleged offences. The materials collected during investigation fail to substantiate the allegations of cruelty or dowry demand, and continuation of the proceedings would serve no fruitful purpose but rather cause unnecessary hardship to the petitioners. 5 8. Accordingly, the Criminal Miscellaneous Petition is allowed. The FIR bearing Crime No.44/2024 dated 13.03.2024 registered at Mahila Police Station, Raipur (C.G.), the charge sheet dated 16.05.2024, and all consequential proceedings arising therefrom, are hereby quashed against all the petitioners. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/Amardeep