ORDER :

1. CRMP No.1276/2022 has been preferred by petitioner – Rajkumar Chandrakar seeking to quash the entire charge-sheet and the proceedings emanating from it, pending before the learned Special Judge (Atrocities), Bilaspur in Sessions Case No.156/2022 which relates to Crime No.212/2022 registered at Police Station Seepat, District Bilaspur for offence under Section 376 and 506 of the IPC, whereas CRMP NO.1277/2022 has been preferred by petitioners – Rajkumar Chandrakar and his son Roshan Chandrakar seeking to quash the entire charge-sheet and the proceedings emanating from it, pending before the learned Special Judge (Atrocities), Bilaspur in Sessions Case No.155/2022 which relates to Crime No.210/2022 registered at Police Station Seepat, District Bilaspur for offence under Section 376/34 of the IPC. Since in the present case, FIRs have been lodged by none other than the daughter-in-law and real sister of petitioner – Rajkumar Chandrakar and the parties being closely related, both the cases are being disposed of by this common order.

CRMP No.1276/2022

2. The prosecutrix “R” (considering the allegation, full name is not mentioned), who is living separately from her husband in the house of his real brother i.e. petitioner-Rajkumar Chandrakar and also having one son from her husband aged about 32 years, has lodged FIR on 2.5.2022 at Police Station Seepat alleging that for 30 years petitioner - Rajkumar Chandrakar has continuously sexually exploited her when she was living with him in village Darrabhata and for about last 6 months the petitioner has kept her daughter-in-law “K” (considering the allegation, full name is not mentioned) with him in his house at Mopka and also threatened her. Based upon such allegation, offence under Sections 376 and 506 of the IPC was registered.

CRMP No.1277/2022

3. The prosecutrix “S', who is daughter-in-law of petitioner No.1-Rajkumar Chandrakar and wife of petitioner No.2-Roshan Chandrakar, has lodged FIR on 1.5.2022 alleging that she got married with petitioner No.2 in the year 2016 and out of such wedlock one son aged about 6 years was born. She has further alleged that petitioner No.1 since 1.5.2021 has continuously sexually exploited her and when she informed the incident to her husband, he also supported the act of petitioner No.1-Rajkumar Chandrakar. She has also alleged that the petitioners have also shown obscene video to her minor son. Based upon such allegation, offence under Section 376/34 of the IPC was registered against the petitioners.

4. Mr. P.S. Baghel, learned counsel for the petitioners, would submit that the petitioners are innocent and they have been falsely implicated in offence in question due to property dispute and just to get the property in their names. In CRMP No.1277/2022, the prosecutrix “S” has executed gift deed in favour of her husband (petitioner No.2) on 7.12.2021 and she has also executed power of attorney in favour of her husband on 23.7.2021 as all the properties have been purchased by petitioner No.1 (father-in-law and brother of the prosecutrix “R”. The nephew of the petitioner No.1 (son of prosecutrix “R”) had filed a divorce petition against daughter-in-law “K” with whom petitioner-Rajkumar Chandrakar is presently residing. So, to defame petitioner No.1-Rajkumar Chandrakar and daughter-in-law “K” and also to get the property in their own names and to create pressure upon them, false case in similar fashion was lodged by daughter-in-law of petitioner No.1 on 1.5.2022 and sister of petitioner No.1 on 2.5.2022. He would further submit that prior to lodging of such FIR, the prosecutrix (daughter-in-law in CRMP No.1277/2022) had given an information about domestic violence on 29.4.2022 at Police Station Sarkanda, in which the police did not take any action and has given information under Section 155 of the CrPC and no cognizable offence has been made out by Police Station Sarkanda vide No.165/2022 (Annexure P-3), but in a deliberate manner, daughter-in-law and