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HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Chitrakant Patel S/o Shri Ghanshyam Patel – Appellant
Versus
State of Chhattisgarh Through Station House Officer of Police Station Mahila Thana – Respondent
Order :
(Ramesh Sinha, C.J.)
1. Heard Ms. Aditi Singhvi, learned counsel for the petitioners as well as Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the State/respondent No.1 and Mr. Pragalbha Sharma, learned counsel appearing for respondent No.2/complainant.
2. Since the common question has been involved in both the petitions, they have been clubbed together, heard together and decided by this common order.
3. The matter preferred to the Mediation Centre vide order dated 08.08.2023, but the mediation failed.
4. CRMP No.797/2025 has been filed by the husband of the private respondent No.2 and CRMP No.1157/2023 has been filed by the in-laws of private respondent No.2.
5. The petitioners, i.e. husband and in-laws of private respondent No.2 are accused in First Information Report (for short, ‘FIR’) bearing No.14/2019 dated 30.07.2019 registered at Police Station Mahila Thana, District Raipur registered on a complaint made by private respondent No.2 under Sections 498A, 406 and 34 of the Indian Penal Code, 1860 (for short, ‘IPC’), which is pending as Criminal Case No.13400/2019 before Judicial Magistrate First Class, Raipur (C.G).
6. The facts, in brief, as projected by the peti
Vague and general allegations in matrimonial disputes do not suffice for criminal prosecution under IPC, necessitating specific accusations against each accused.
The court emphasized the misuse of Section 498-A IPC in matrimonial disputes, ruling that inordinate delays in filing FIRs can indicate false implications, warranting quashing of proceedings.
(1) False implication by way of general omnibus allegations made in course of matrimonial dispute, if left unchecked would result in misuse of process of law.(2) A criminal trial leading to an eventu....
Point of Law : Section 498-A IPC was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. The fact that Section 498-A IPC is a co....
The court emphasized preventing misuse of criminal law in matrimonial disputes, ruling that vague allegations against family members warrant quashing of proceedings. Specific wrongdoing must be demon....
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