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2025 DAILYLAW 54520 (CHH)

VINOD AGHAMKAR v. STATE OF CHHATTISGARH

CRMP/2642/2019 · 2025-10-15

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:51611-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2642 of 2019 Vinod Aghamkar S/o Late Yashwant Aghamkar Aged About 63 Years R/o Ap / 15, Block Prahlad Nagar, Near Jalsah Baba Dargah, Bhusawal, District Jalgaon (Maharashtra)., District : Jalgaon, Maharashtra --- Petitioner versus 1 - State Of Chhattisgarh Through The District Magistrate Korba,, District : Korba, Chhattisgarh 2 - Dilwant Prakadh S/o Late Matthus Daniel Aged About 54 Years R/o B - 755, Yamuna Vihar, Ntpc, Jamni Pali, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh --- Respondents CRMP No. 437 of 2021 Edwin Aghamkar S/o Shri Vinod Aghamkar Aged About 30 Years R/o Ap/15, Block Prahlad Nagar, Near Jalsah Baba Dargah, Bhusawal, District Jalgaon, Maharashtra., District : Jalgaon, Maharashtra ---Petitioner Versus 1 - State of Chhattisgarh Through The District Magistrate, Korba, Chhattisgarh., District : Korba, Chhattisgarh AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.10.16 16:44:48 +0530 2 2 - Dilwant Prakash S/o Late Matthus Daniel Prakash Aged About 54 Years R/o - B-755, Yamuna Vihar, Ntpc, Jamni Pali, Korba, District Korba, Chhattigarh., District : Korba, Chhattisgarh ... Respondents (Cause title taken from CIS) For Petitioners :Mr. Abhijeet Mishra, Advocate. For Respondent/State :Mr. Shailendra Sharma, Panel Lawyer. For Respondent No.2 :Mr. Surfaraj Khan, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 16.10.2025 1. By the present petitions, the petitioners have prayed following reliefs: “It is, therefore, prayed that this Hon'ble Court may kindly be pleased to quash the F.I.R. of Crime No. 70/2017 registered at P.S. Darri, Distt. Korba, and consequently, further be pleased to quash the Criminal Proceeding of Criminal Case No. 1027/2018, pending before the learned J.M.F.C., Katghora, Distt. Korba, in the interest of justice.” 2. Learned counsel for the petitioners would submit that Edwin Aghamkar (petitioner in CRMP No. 437 of 2021) is the son of Vinod Aghamkar (petitioner in CRMP No. 2642 of 2019). He submits that the daughter of the complainant engaged with the Edwin Aghamkar through the "Bharat Matrimony" which is a matrimonial website. Engagement ceremony was fixed on 17-04- 2016 which was to be performed at Korba. After the engagement ceremony, the date of marriage was fixed as 05-01-2017. After engagement ceremony, when Edwin Aghamkar and daughter of 3 the complainant went to Bengaluru, it came to know that the daughter of the complainant was having live-in relationship with one other person. Thereafter, Edwin Aghamkar returned back to U.A.E. and on 14-09-2016, he broken the engagement and sent a mobile message to the complainant. After about 9 months of the said incident, on 08-06-2017, the complainant has lodged a police report with the effect that the petitioners were demanding cash of Rs. 5 Lakhs and a Car in dowry and when they shown their inability, they have broken the engagement and thereby, they have defamed in the society and locality and offence be registered against them. Learned counsel further submits that the report has been lodged by the complainant after about 9 months of the breaking of the engagement. If, any demand of dowry made by the petitioner, then they would have lodge the report immediately. The report against the petitioner is afterthought. 3. Mr. Sarfaraj Khan, learned counsel for the complainant/ respondent No.2, submits that the trial is at an advanced stage and the evidence of the prosecution witnesses has already been recorded. However, the Investigating Officers, namely Smt. Sadhna Singh and Shri I.R. Batti, are not appearing before the Trial Court, and their evidence is yet to be recorded. 4. In view of the above, the Director General of Police is directed to ensure the appearance of the Investigating Officer namely Sadhna Singh and I.R. Batti before the trial Court on 17/10/2025, failing which their salary should be stopped. 4 5. Accordingly, these petitions are dismissed. 6. Registrar (Judicial) and the learned State counsel are directed to send the copy of this order to the Director General of Police today itself for necessary compliance. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Amardeep