1 2025:CGHC:10994 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 816 of 2025 1 - Smt. Kanti Bai Sahu W/o Gopal Ram Sahu Aged About 59 Years R/o House No 170/kh, Village Tendua, Police Station Amanaka, District- Raipur (Chhattisgarh) (Petitioner) 2 - Gopal Ram Sahu S/o Late Firta Ram Sahu Aged About 66 Years R/o Village Tendua, Police Station Amanaka, District- Raipur (Chhattisgarh) 3 - Damodar Sahu S/o Gopal Ram Sahu Aged About 31 Years R/o Village Tendua, Police Station Amanaka, District- Raipur (Chhattisgarh) ... Petitioners versus 1 - State Of Chhattisgarh Through Thana Incharge/s.H.O. Police Station Mahila Thana, District- Raipur, (Chhattisgarh) (Non Applicants) 2 - Smt. Vaishali Alias Kiran Sahu W/o Damodar Sahu Aged About 30 Years R/o New Mangal Market Near Sumit Bazaar Gudyari, District - Raipur (Chhattisgarh) (Complainant) ... Respondents For Petitioners : Ms. Kamini Sahu, Advocate appears on behalf of Mr. Sandeep Jha, Advocate For State : Ms. Prabha Sharma, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma Order on Board 06.03.2025 Default(s) as pointed out by the Registry has been dropped. Heard finally. 2 1. The present petition has been filed by the petitioners under Section 528 of BNSS,2023 for quashment of entire criminal proceedings having registration no. as Criminal Case NO. 10314 of 2021 initiated against the petitioners pursuant to FIR bearing Crime No. 0050/2021 dated 02.07.2021 for the offence punishable under Section 498-A, 34 of the Indian Penal Code and 406 of the Indian Penal Code registered by at Police Station Mahila Thana, Distritc Raipur Chhattisgarh. 2. Brief facts of the case are such that the petitioner no. 1, 2 and 3 are the mother-in-law, father-in-law and husband respectively of respondent no. 2. The marriage of petitioner no. 3 and respondent no. 2 was solemnized on 14.06.2020 as per the Hindu Custom rites and rituals at Gudyari situated at Raipur Chhattisgarh. On 02.07.2021 respondent no. 2 lodged an FIR against the present petitioners including the brother-in-law and sister-in-law with the allegations that from the second day of marriage her in-laws are harassing her on account of bringing less dowry. She also alleged that petitioner no. 3/husband used to do forceful and unnatural sexual intercourse with her thus harassed her physically. The brother-in- law was alleged that he was having a wrong intention towards her and raised many other omnibus allegations against the mother-in-law and father-in-law. Based upon the allegations made by the respondent no. 2 against the petitioners an offence under Section 498A and 34 of the IPC along with Section 406 of IPC was registered against the petitioners. The brother-in-law was exonerated or vindicated from the charges leveled against him by the respondent no. 2. All the accused persons were granted bail by the learned Trial court and the matter is fixed for framing of charges before the trial court, Raipur. Later the criminal proceeding initiated against the sister in law was quashed by this court. 3. Learned counsel for the petitioners would submit that the impugned FIR dated 02.07.2021, the charge sheet no. 38/2021 dated 28.08.2021 and the order passed by the learned Trial Court on 21.10.2021 which 3 aroused on account of Crime No. 50/2021 filed against the present petitioners are baseless, frolicsome and deserves to be quashed. The FIR instituted against the petitioners is just to take revenge from them. There is no specific incidence mentioned in the complaint which could substantiate the facts as alleged in the FIR lodged by the respondent no. 2. She also submitted that the sister-in-law/Deepmala Sahu had filed a CrMP No. 1914 of 2023 before this Court which was quashed and the name of the Sister-in-law was deleted from the entire criminal proceedings registered as criminal case no. 10314 of 2021 pending before the Trial Court, Raipur. 4. Per contra, learned counsel for the State opposed the prayer made by the learned counsel for the petitioners to quash the entire criminal proceedings initiated against the petitioners pursuant to the impugned first information report vide order dated 02.07.2021 for the offence punishable under Section 498A, 34 and 406 of IPC registered at Police Station Mahila Thana, Raipur and submitted that there are chain of incriminating evidence which could clearly indicate the involvement of petitioners in the present case. 5. I have heard learned counsel for the respective parties and perused the impugned FIR as well as the entire criminal proceedings which has been initiated against the petitioners with utmost circumspection. 6. On bare perusal of the impugned order dated 21.10.2021 passed by learned Judicial Magistrate First Class, Raipur it is evident that the petitioners were granted bail for the offence punishable under Section 498A, 34 and 406 of IPC(Annexure A/1). It is also evident that this court has set aside the criminal proceedings only against the sister in law as there were no omnibus allegations were roped against her which could specifically show her direct involvement in the offences so made out. But when it comes to the mother in law, father in law and husband who are the petitioners in the present petition it could not be ruled out that a prima 4 facie case is clearly made out against the petitioners for the offence punishable under Section 498A read with section 34 of IPC along with Section 406 of IPC. Therefore, after looking to the facts and circumstances of the case and after going through the complaint, FIR, charge sheet and the order so passed in CRMP No. 1914 of 2023 this court is of the considered opinion that the order passed by the JMFC is neither perverse nor illegal and there pertains no jurisdictional error. The present petition is not a fit case to quash the entire criminal proceedings initiated against the petitioners pursuant to impugned FIR dated 02.07.2021 registered at Police Station Mahila Thana, Raipur.Hence, the present petition deserves to be and is hereby dismissed. 7. Accordingly, the present petition stands dismissed. No order as to cost(s). sd/- (Arvind Kumar Verma) Judge alfiza