Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 15257 (CHH)

SUSHOBHIT KAPOOR v. STATE OF CHHATTISGARH

CRMP/3086/2025 · 2026-01-11

Shri Ravindra Kumar Agrawal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:1643-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3086 of 2025 1 - Sushobhit Kapoor S/o Sushil Kapoor Aged About 28 Years 2 - Sushil Kapoor S/o Shri S.P. Kapoor Aged About 58 Years 3 - Suruchi Kapoor W/o Sushil Kapoor Aged About 58 Years All R/o House No.803, 8th Floor, Block-D, Tower-10, Sunshine County Apartment, Badhkhalasa, Sonipat, Distt- Sonipat (Haryana) ... Petitioner(s) versus 1 - State of Chhattisgarh Through S.H.O., Police Station- Mahila Thana, Raipur, Distt- Raipur (C.G.) 2 - Snaya Kapoor W/o Sushobhit Kapoor Aged About 27 Years Presently Residing At Ramabai Chowk, Parwati Nagar, P.S.- Gudiyari, Distt.- Raipur (C.G.) ... Respondent(s) For Petitioners : Shri Pragalbh Sharma, Advocate. For State : Shri Shaleen Singh Baghel, G.A. Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 12.01.2026 Per, Ramesh Sinha, CJ. 1 The petitioners have filed present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with following prayers:- “a) Quash impugned FIR registered against the petitioners as Crime No.156/2022 dated 05.09.2022, U/s 498A, 506 & 34 of the IPC consequential impugned Chargesheet No. 146/2022 dated 14.11.2022 U/s 498A, 506 &34 of the I.P.C. (Annexure P/1) filed against the petitioners. INDRAJEET SAHU Digitally signed by INDRAJEET SAHU Date: 2026.01.13 16:53:51 +0530 2 b) To Kindly quash the impugned order dated 22.12.2022 (Annexure P/2) passed by the learned Judicial Magistrate First Class, Raipur whereby the learned trial court has taken cognizance of the impugned chargesheet, and to kindly quash criminal case No. 18341/2022 (State of Chhattisgarh v. Sushobhit Kapoor & Ors.). c) To kindly quash the impugned the charges framed against them on 30.07.2025 (Annexure P/3) by the learned trial court U/s 498A/34 and section 506 Part II I.P.C. d) And/orany other relief/ relief's which this Hon'ble Court may think fit and proper in the facts and circumstances of the case may please be also granted to the petitioners in the interest of justice.” 2 Facts of the case are that, the petitioner No.1 is the husband of the complainant / respondent No.2, petitioner No.2 is the father-in-law and petitioner No.3 is the mother-in-law of the complainant. The complainant and petitioner No.1 got married on 15.01.2022 at Sonipat Haryana under Hindu Rites and Rituals. The marriage was arranged through matrimonial website Jeevansathi.com after due verification and mutual consent of both the family. No children were born from the said wedlock. On 05.02.2022 the complainant lodged a complaint before Mahila Police Thana, Raipur alleging cruelty, demand of dowry and assault by the petitioners. Based on the said complaint, an FIR No.156 of 2022 was registered at the instance of the complainant at Police Station Mahila Thana, Raipur for the offence under Section 498-A, 506 and 34 of IPC. 3 Learned counsel for the petitioners would submit that the allegations in the FIR are false, vague and motivated. The marriage between the parties was consensual and cordial and the respondent-complainant 3 stayed at her matrimonial home only for about one month. She was uncomfortable in adjusting the new environment and on her own will she returned back to her parental house at Raipur. There was no demand of dowry. No harassment was made with her attracting the ingredients of Section 498-A IPC. The impugned criminal proceeding are as a result of personal discord and have been initiated to harass the petitioner-husband and his old aged parents. Such proceedings in absence of any cogent evidence amounts to abuse of process of law. 4 Learned counsel for the petitioner would submit that while hearing this petition, on 10.10.2025, the matter was referred to the Mediation Centre of this Court being matrimonial in nature. On 07.01.2026, the proceedings took place before the Mediation Centre and the mediation was successful and it has been settled among the parties by way of permanent alimony to the tune of Rs.15,00,000/-, out of which Rs.4,00,000/- have already been paid to the complainant wife before the Family Court on 06.01.2026, Rs.1,00,000/- at the time of mediation proceeding and remaining amount of Rs.10,00,000/- is ordered to be paid by the petitioner husband before the Family Court after recording statement of complainant wife and on passing decree of divorce by mutual consent. The parties have also filed an application under Section 13B of Hindu Marriage Act, 1955 before the concerned Court on 06.01.2026 and the marriage between the petitioner No.1 and complainant will be dissolved by a decree of divorce. The counsel for the petitioner further contended that as per the terms and conditions laid down in the settlement agreement dated 07.01.2026 it has been specifically decided by the parties in paragraph 5 that with regard to 4 Crime No. 156/2022 registered at Mahila Police Thana, Raipur, lodged by the complainant under Section 498-A and 506/34 of Indian Penal Code, 1860, it is agreed by both the parties that they shall co-operate to each other in filing application for quashing FIR. 5 We have heard learned counsel for the parties and perused the impugned FIR, report of the Mediation Centre of this Court dated 07.01.2026 as well as the application dated 06.01.2026 filed under Section 13B of Hindu Marriage Act, 1955. 6 Considering the aforesaid facts and circumstances of the case, we deem it appropriate not to issue notice to the complainant/private respondent No.2. 7 Considering the compromise which has been arrived at between the parties vide agreement dated 07.01.2026, particularly paragraph 4 & 5 whereby it has been agreed by both the parties that they shall withdraw all the cases filed by them against each other and shall co-operate in filing application for quashing impugned FIR, the impugned FIR bearing Crime No.156/2022 registered at Mahila Police Thana, Raipur, lodged by the complainant under Section 498-A, 506 and 34 of IPC is hereby quashed, subject to fulfillment of terms and conditions as mentioned in the agreement dated 07.01.2026. 8 The CRMP is allowed to the extent indicated hereinabove Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice inder