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2026 DAILYLAW 12410 (CHH)

FATTE LAL SHAU v. THE STATE OF CHHATTISGARH

CRMP/911/2026 · 2026-03-31

Shri Ravindra Kumar Agrawal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:14945-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 911 of 2026 1 - Fatte Lal Shau S/o Shri Tika Ram Sahu Aged About 41 Years Resident of Karma Vihar Moti, Nagar Behind Ram Mandir, Old, Dhamtari Road, P.S. Tikrapara Raipur, District- Raipur Chhattisgarh 2 - Pratima Sahu W/o Shri Fattelal Sahu Aged About 36 Years Resident of Karma Vihar, Moti Nagar, Behind Ram Mandir, Old Dhamtari Road, P.S. Tikrapara Raipur, District- Raipur, Chhattisgarh, ... Petitioners versus 1 - The State of Chhattisgarh Through The Station House Officer, Police Station Mahila Thana, District- Raipur, Commissionerate Chhattisgarh, (As Per F.I.R.) 2 - Smt. Aarti Sahu D/o Parmeshwar Sahu , W/o Shri Manish Sahu Aged About 25 Years R/o Mahavir Chowk, Dumartarai District- Raipur Chhattisgarh, ... Respondents For Petitioner : Mr. Sandeep Dubey, Advocate For Respondent No.1/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 01 . 04 .202 6 1. Heard Mr. Sandeep Dubey, learned counsel for the petitioners as well as Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the State/respondents. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 2. The present petition has been filed by the petitioner with the following relief(s):- “It is therefore prayed that, this Hon'ble Court may kindly be pleased to allow the instant petition and quashed the First Information Report bearing Crime No. 34/2026 registered in Police Station Mahila Thana, District Raipur Collectorate under Section 85 of BNS, 2023 against the petitioner no. 1 (Fatte Lal Sahu) & 2 (Pratima Sahu) (Annexure-P/1) in the interest of justice.” 3. Brief facts of the case are that a report was lodged by the respondent No. 2/complainant at Police Station Mahila Thana, District Raipur, alleging inter-alia that, her marriage with Manish Sahu (Brother of petitioner No. 2) took place on 18/04/2024 according to Hindu Rituals. It was further stated that for about 1 month after the marriage, she was treated well and after that, complainant's husband started abusing and beating her daily after drinking alcohol. Her father-in-law deceived her by telling her to go and live at her parents' house and left her there and till date, he has not come to take her and she is staying at her parents' house and on 07/10/2025 the complainant came to know that her husband had kept a girl named Seema Chandel as his wife and had a child born in the hospital of village Navagarh. Thus, under a well-planned conspiracy, her husband, mother-in-law, father-in- law, brother-in-law and sister-in-law and brother-in-law got the above marriage done with her while her husband was having an illicit relationship with a girl. Her husband Manish Sahu has a child born from his illicit relationship with a girl. Therefore, she lodge 3 complaint against the husband and his family member including the petitioner No.1 1 & 2 alleging that they started verbally abusing her with derogatory terms and saying that she does not work and also demanding money from her parental house and physically assaulting her. Basically, the allegations were made with respect to demand of dowry and treating her with cruelty. It was also alleged that they tried to cause her death by beating her. On the basis of report lodged by the complainant/respondent No.2, the Police Station Mahila Thana District Raipur Commissionerate registered an offence bearing Crime Ne 34/2026 for the offence punishable under Section 85 of Bharatiya Nyaya Sanhita, 2023 on 09.03.2026 and investigation was initiated. Hence, this petition. 4. Learned counsel for the petitioners submitted that the allegations made against the present petitioners are vague, general, and omnibus in nature, lacking any specific instances, dates, or overt acts attributable to them. He further submitted that the petitioners have been falsely implicated merely by virtue of their relationship with the husband, without any cogent material to establish their involvement in the alleged acts of cruelty or dowry demand. He also submitted that the FIR does not disclose any prima facie case against the petitioners, and their implication appears to be an abuse of the process of law, therefore, continuation of the criminal proceedings against the present petitioners is unwarranted and liable to be quashed. 4 5. Per contra, learned State counsel submitted that the FIR discloses commission of cognizable offences and contains specific allegations of cruelty, physical assault, and demand of dowry against the accused persons, including the present petitioners. The complainant has clearly stated that after a brief period of normal matrimonial life, she was subjected to continuous harassment, abuse, and physical violence by her husband and his family members. It is further alleged that she was deceitfully abandoned at her parental home and later discovered that her husband was already involved in an illicit relationship and had a child, indicating that the marriage itself was solemnized under concealment of material facts as part of a larger conspiracy involving the family members. The allegations also include demand of money from her parental home and attempts to cause her death by physical assault. He further submitted that at this stage, the veracity and truthfulness of these allegations cannot be examined in proceedings under inherent jurisdiction, as the matter requires thorough investigation. The role of each accused, including the petitioners, is a matter of evidence to be determined during trial. The FIR and accompanying material prima facie disclose the ingredients of the alleged offence under Section 85 of the Bharatiya Nyaya Sanhita, 2023, and therefore, no case for quashing is made out. 6. Having heard learned counsel for the parties and upon perusal of the record, this Court finds that the FIR, on its plain reading, 5 discloses specific allegations of cruelty, physical assault, and demand of dowry against the accused persons, including the present petitioners. The complainant has categorically alleged continuous harassment, abuse, and ill-treatment at the hands of her husband and his family members, as well as concealment of material facts regarding the husband’s prior relationship, which prima facie indicates a larger conspiracy. At this stage, this Court cannot embark upon an appreciation of evidence or adjudicate upon the truthfulness or otherwise of the allegations made in the complaint. The contentions raised by the petitioners regarding false implication, vagueness of allegations, and separate residence are matters of defence, which can be appropriately examined during the course of investigation or trial. The FIR and material on record disclose the essential ingredients of the alleged offence under Section 85 of the Bharatiya Nyaya Sanhita, 2023, and therefore, no case is made out for exercise of inherent powers to quash the proceedings. 7. Accordingly, the petition being devoid of merit is dismissed leaving it open for the petitioners to take recourse to law. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra