1 2026:CGHC:19572-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3861 of 2025 1 - Prateek Indoriya S/o Shri Hemant Indoriya, Aged About 31 Years R/o Vidhyawasini, Ward No. 18, Near Ct Park, Dhamtari, District Dhamtari (C.G.) 2 - Hemant Indoriya, S/o Late Mukesh Chandra Indoriya, Aged About 57 Years R/o Vidhyawasini, Ward No. 18, Near Ct Park, Dhamtari, District Dhamtari (C.G.) 3 - Smt. Durga Indoriya, W/o Shri Hemant Indoriya, Aged About 55 Years R/o Vidhyawasini, Ward No. 18, Near Ct Park, Dhamtari, District Dhamtari (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through The Collector, District Dhamtari (C.G.) 2 - The Station House Officer, Police Station Mahila Thana, Rajnandgaon, District Rajnandgaon (C.G.) 3 - Khushboo Indoriya W/o Shri Prateek Indoriya, Aged About 31 Years Presently At Anupam Nagar, Basantpur Road, Rajnandgaon, District Rajnandgaon (C.G.) ... Respondents (Cause title taken from Case Information System) For Petitioners : Mr. B.P. Sharma, Advocate For Respondents/State : Mr. Shailendra Sharma, Panel Lawyer For Respondent No.3 : Ms. Aditi Singhvi, Advocate (through virtual mode) VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.04.29 11:43:04 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Per Ram esh Sinha, C.J. 28/04/2026 1. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred by the petitioners seeking quashment of FIR No. 0004/2025 dated 24.11.2025 registered at Police Station Mahila Thana, Rajnandgaon for the offence punishable under Sections 498A and 34 of the Indian Penal Code, 1860 and also the subsequent charge-sheet dated 05.02.2026 filed in Criminal Case No. RCC 265/2026 pending before the Court of learned Judicial Magistrate First Class, Rajnandgaon, on the ground that the same amounts to abuse of process of law and Court. An application for amendment has also been filed on behalf of the petitioners seeking incorporation of subsequent developments relating to filing of the charge-sheet and consequential proceedings. 2. The petitioners have filed the present petition seeking for the following reliefs:- “It is, therefore, prayed that this Hon’ble Court may be pleased to allow this petition and quash the FIR No. 4/2025 dated 24.11.2025 registered against the petitioners at Police Station Mahila Thana Rajnandgaon for the offence under Section 498A read with Section 34 of IPC being abuse of process of law and abuse of process of Court as also in violation of petitioners’ 3 fundamental and constitutional rights and in the facts and circumstances of the case.” 3. Learned counsel for the petitioners submits that the present case arises out of a matrimonial discord wherein the impugned FIR has been lodged with vague, omnibus and generalized allegations without attributing any specific overt act to the petitioners, thereby clearly attracting the settled principle that such proceedings amount to abuse of the process of law. It is contended that despite sincere efforts on the part of petitioner No.1 to resume cohabitation, including participation in counselling proceedings, respondent No.3 remained adamant and insisted upon conditions which were neither practicable nor legally sustainable, particularly compelling the petitioner to abandon his aged parents and his employment in the merchant navy. It is further submitted that the continuation of criminal proceedings is mala fide, especially in light of the fact that the dispute is essentially civil in nature arising out of normal wear and tear of matrimonial life. Learned counsel further submits that though the charge-sheet has now been filed against the petitioners, an amendment application has been preferred to bring the said subsequent development on record; however, the relief as presently couched may not be appropriately framed and therefore the petition may be permitted to be dismissed as withdrawn with liberty to take recourse to appropriate remedy in accordance with law. It is also stated that a sum of Rs.1,00,000/- as directed by this Court has already been received by respondent No.3. 4. Learned counsel for the respective respondents raised their objection. 4 5. We have heard learned counsel for the parties and perused the material annexed with the petition. 6. Having heard learned counsel for the parties and on perusal of the record, this Court finds that during pendency of the present petition, the charge-sheet has already been filed and the matter is now pending before the competent Court for trial. Learned counsel for the petitioners, in view of the subsequent developments and the nature of relief as presently framed, seeks permission to withdraw the petition with liberty to take recourse to appropriate remedy in accordance with law. Considering the aforesaid and without expressing any opinion on the merits of the case, the petition is dismissed as withdrawn with liberty as prayed. The petitioners shall be at liberty to avail such remedy as may be available to them under law. 7. The certified copy of the annexures shall be returned to the learned counsel for the petitioners after retaining its attested true copy. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved