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2021 Supreme(Chh) 102

PARTH PRATEEM SAHU, NARENDRA KUMAR VYAS
Ayush Poddar, S/o Shri Girdhar Poddar – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajeev Shrivastava, Sr. Adv. with Mr. Saurabh Sahu, Advocate.
For the Respondent:Mr. Rakesh Sahu, Mr. Sanjay Patel, Advocate.

ORDER :

1. The petitioner has filed present petition under Section 482 of the Cr.P.C. for quashing of the FIR dated 27.11.2020 lodged against the petitioners for committing offence under Sections 498-A, 34 of I.P.C. before Police Station- Darri, District- Korba (C.G.). The said FIR was registered on the basis of complaint made by respondent No. 2, who is wife of petitioner No. 1.

2. The brief facts, as projected by the petitioners in this case, are that petitioner No. 1 is son of petitioner No.2 and petitioner No.3 & 4 are cousin brothers of petitioner No. 1. Marriage of petitioner No. 1 & respondent No. 2-complainant was solemnized on 17.01.2019 as per Hindu rituals and custom at Sambalpur. There was matrimonial dispute between petitioner No. 1 & respondent No. 2, therefore, petitioner No. 1 filed an application on 06.11.2020 under Section 13 of the Hindu Marriage act, 1955 for obtaining decree of divorce by mutual consent. Thereafter, respondent No. 2 filed a complaint on 27.11.2020 at Police Station- Darri, District- Korba against the petitioners alleging that the petitioners have tortured her and demanded dowry from her family. On the basis of that complaint, FIR bearing registra

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