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2023 Supreme(Chh) 403

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, N.K. CHANDRAVANSHI, JJ.
Saraswati Vishwakarma @ Shweta Vishwakarma, W/o. Mr. Anand Ram Vishwakarma & Ors. - Petitioners
Versus
State of Chhattisgarh Through the Superintendent of Police, Raigarh, Chhattisgarh & Ors. - Respondents
WPCR No. 823 of 2021, CRMP No. 245 of 2022
Decided On : 12-09-2023

Advocates Appeared:
For the Petitioner: Mr. Raza Ali, Mr. Priyank Rathi.
For the Respondents:Ms. Madhunisha Singh, Deputy Advocate General, Mr. Hari Agrawal.

Headnote:

Indian Penal Code, 1860 - Section 420, 415 – Criminal Procedure Code, 1973 - section 155, 161, 91, 482 - IT Act - Section 66 – Constitution of India, 1950 - Article 226 – Offence of cheating - Matrimonial site - Committing forgery by putting profile of married persons - Writ or an order to quash FIR registered at respondent No. 2 police station as it is against law and also allegation made does not constitute offences – Held, It is revealed that complainant has concealed fact that her sister is married woman and has applied for her marriage for which complainant had only deposited amount for membership - It is also not clear as to when petitioner uploaded his profile in Apki Matrimony website and further that his profile has not been active - Petitioner has also returned deposited by complainant by way cheque - This fact has also been admitted by respondent no. 4 in his complaint - From perusal of FIR in question, Court do not find that either complainant or her sister has been cheated or any of ingredients of cheating as above exists so as to continue with criminal prosecution on basis of said FIR registered against petitioners - FIR registered at Police Station for offence punishable under Section 420 IPC and Section 66 of I.T Act, is quashed - Petitions are allowed.

ORDER :

Ramesh Sinha, J.

1. The petitioner (in WPCr No. 823/2021) has prayed for the following reliefs :

    “A. A writ and/or an order in the nature of writ of appropriate nature do issue calling the entire records pertaining to the case from the respondent No. 3 police.

B. A writ and/or an order in the nature of writ of appropriate nature do issue to quash the FIR No. 912/2020 registered at respondent No. 2 police station as it is against the law and also the allegation made does not constitute the offences.

C. Any other relief which this Hon’ble Court may deem fit in the facts and circumstances of case.”

2. The petitioner (in Cr.M.P. No. 245/2022) has prayed for quashing of the FIR bearing Crime No. 912/2020 registered at Police Station Kotwali, Raigarh, and all the proceedings in connection with the said crime.

3. Since both the petitions i.e. WPCr No. 823/2021 and Cr.M.P. No. 245/2022 arise out of same crime number i.e. 912/2020 registered at Police Station, Kotwali, Raigarh, they are being considered and decided by this common order.

4. The facts, as projected by the petitioners, is that an FIR bearing Crime No. 912/2020 was lodged by the complainant/respondent-Ankit Agrawal at Police Station Kotwali, Raigarh, on 21.11.2020 at 21:30 hours against the petitioner-Shweta Vishwakarma @ Shweta Agrawal. It was stated in the FIR that the sister of the complainant/respondent-Ankit Agrawal, namely Shristi Agrawal was married to the petitioner-Mohit Agrawal, resident of Mumbai. As there was some dispute between the couple, her sister was residing at Raigarh. Few days before, the complainant found the profile of Mohit Agrawal in a matrimonial site namely ‘Apki Matrimony’. Her sister tried to enquired as to how when her husband is married with her, he could have uploaded his profile on the matrimonial site for which she asked the petitioner-Shweta Vishwakarma regarding the details. Shweta Vishwakarma demanded Rs.5000/- as registration fee for providing the details. The said payment was made but later on, the details of Mohit Agrawal was not provided to the complainant. Later on, the petitioner-Shweta Vishwakarma returned back the amount through cheque dated 29.09.2020 but did not gave the contact number or details of Mohit Agrawal. In nutshell, the FIR was lodged alleging that the petitioner-Shweta Vishwakarma is running a matrimonial site and her shop is situated at 102, First Floor, Bhagat Plaza, Pandri, Raipur and is committing forgery by putting the profile of married persons and is trying to ruin the lives of unmarried girls which falls under the offence under Section 420 IPC.

5. Mr. Raza Ali, learned counsel for the petitioners {in WPCr No. 823/2021} submits that the "Aapki Matrimony" used to work for providing the details of the Bride and the Grooms on their website and thereby assist the customers to get the same for them or for their relatives. The customers have to take the membership in this regard and have to supply their details on the basis of their self declaration and their requirement for bride or groom like age caste, location, occupation, religion and others and after getting the membership they have to make their profile by their own on the website and their profile would be shown in the website. It is pertinent to mention here that the customers or person who have taken the membership and prepared the profile, can only be edited by them if any changes arrived, as it requires the Id and password known to the customers. ‘Aapki Matrimony’ on each membership of Rs.5000/- can only provide the 50 contacts as per their requirements submitted at the time of membership and it is upon the person to verify the same by meeting to the other party whether the information filled by them are true or not and if both the parties are agreed then they may perform the marriage, there is no role of the petitioner or the Firm "Aapki Matrimony" in the said procedure. In the present case the respondent No.4/complainant has concealed the fact that he

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