ORDER :

1. Heard Mr.Samrath Singh Marhas, learned counsel holding the brief of Mr.D.L.Dewangan, learned counsel for the petitioners. Also heard Mr.Gurudev I. Shran, learned Government Advocate appearing for respondents No.1 and 2/State.

2. The petitioners have filed this petition under Section 482 of the CrPC with the following prayers:-

“i. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to quash the FIR No.46/2016 dated 11.03.2016 and charge sheet filed by police station Jhagrakhand, District Koriya and other criminal proceedings/prosecution against the present petitioners under Section 498-A, 34 of IPC and Section 4 of the Dowry Prohibition Act (Annexure P/5), in the interest of justice.

ii. Any other relief that the Hon'ble Court deems fit and proper may be passed in the interest of justice.”

3. The petitioners herein, are brother-in-law and sister-in-law of respondent No.3-complainant and they are residing at Anuppur (MP) far away from the matrimonial house of the complainant i.e. at Jhagrakhand, District Koriya (CG) and they are only come to Jhagrakhand to attend the marriage and immediately after completion of marriage, they returned back to their home Anuppur (MP).

4. As per the case of the prosecution, on 24.11.2015 respondent No.3/Complainant-Samar Fatima made a written complaint to Police Chowki Khongapani, Police Station Jhagrakhand, District Koriya stating that on 07.11.2015, her marriage was solemnized with Amzad Khan at Raipur (CG) under the traditions of Muslim Law. After marriage, she came to her matrimonial house and from the next day of marriage, her husband i.e. Amzad Khan and the petitioners along with other accused persons started demanding 4-wheeler as dowry and mentally harassed her. On her complaint, the police referred the mater for mediation as per the guidelines of the Supreme Court and the circular of the Police Headquarters.

Both the parties i.e. husband and wife were called by the Counsellor and fixed the matter on 25.02.2016. On the date before the Counsellor, husband Amzad Khan and Complainant Samar Fatima appeared. After the proceedings, the Counsellor recorded a finding that the mediation failed without fixing any next date of counselling in violation of the guidelines of the Supreme Court and the circular of the Police Headquarters and without a logical end of the mediation proceedings.

5. Learned counsel for the petitioners submits that the present petitioners are brother-in-law and sister of the accused husband Amzad Khan. Both the petitioners are resident of Anuppur (MP) at their own house separately. It is pertinent to mention here that the matrimonial house of the complainant is at Khongapani, Police Station Jhagrakhand, District Koriya (CG). He further submits that the petitioners have neither demanded any kind of dowry from the complainant or her family members nor mentally harassed her. The petitioners have been falsely implicated and roped in by the complainant in sheer misuse of process of law as she is posted as a teacher at Government I.T.I. College Ambikapur, Chhattisgarh and she wanted the accused husband Amzad Khan to reside with her at Ambikapur and leave his younger brother and parents. He further submits that in written complaint filed by respondent No.3, there is no direct allegation or connection of the present petitioners in the aforesaid offences except general and omnibus allegations having no legs to stand. He also submits that taking contents of chargesheet and document appended along with charge-sheet as it is, aforesaid offences are not made out against the petitioners. As such, in absence of specific allegation and in absence of ingredient of demand of dowry and cruelty, prosecution against the petitioners deserves to be quashed. To bolster his submission, he would rely upon the judgments of the Supreme Court in the matters of Geeta Mehrotra and another v. State of Uttar Pradesh and another, (2012) 10 SCC 741, Preeti Gupta and another v. State of Jh