Order on Board

Per Ramesh Sinha , Chief Justice

16.01.2025

1. Heard Mr. Pushpendra Singh Baghel, learned counsel for the petitioners. Also heard Mr. Swajit Ubeja, learned Panel Lawyer, appearing for respondent No.1/State.

2. The petitioner has filed this petition with following relief:-

“It is therefore, most humbly and respectfully prayed that this Hon'ble Court may kindly be pleased to allow this petition and may further be pleased to quash the entire charge sheet/final report and the subsequent proceedings pending before the learned Special Judge Atrocity in Sessions Case No. 155/2022 in Crime No. 210/2022 dated 01.05.2022 registered at police station Seepat, Bilaspur, Distt. Bilaspur (C.G.), u/s

376, 34 of IPC, in the interest of justice.”

3. Brief facts necessary for the case are that the complainant who is the daughter-in-law petitioner No. 1 Rajkumar Chandrakar and the wife of petitioner No. 2 Roshan Chandrakar has lodged an FIR on 01.05.2022 alleging that she got married with petitioner No. 2 in the year 2016 and out of their wedlock, one son was born presently aged about 8 years. She further alleged that petitioner No. 1 since 01.05.2021 has continuously sexually exploited her and when she informed about the incident to her husband, he also supported the act of petitioner No. 1-Rajkumar Chandrakar. She further alleged that both the petitioners have also shown obscene videos to her minor son. Based upon such allegation, the police of Police Station Seepat has registered the offence under Section 376/34 of the IPC against the petitioners and finally filed the charge sheet before learned Special Judge, Atrocities, Bilaspur on

23.06.2022.

4. Earlier the petitioners had filed two CRMP’s bearing CRMP Nos.1276 of 2022 and 1277 of 2022 for quashment of charge- sheet dated 23.06.2022 before this Court and the same were allowed (Annexure P-2) by learned Single Judge of this Court vide order dated 19.1.2023 and the charge-sheet and the proceedings pending before learned Special Judge, Atrocities, Bilaspur in Sessions Case No. 155/2022 registered at Police Station Seepat, Bilaspur, District Bilaspur (C.G.) were quashed in a common order.

5. Being aggrieved by the order dated 19.01.2023 passed in Cr.M.P.

No.1276/2022 and Cr.M.P.No.1277/2022, the complainant of Cr.M.P. No.1277/2022 has filed Criminal Appeal before the Hon'ble Supreme Court and the same was registered SLP Criminal Appeal No. 6466/2023 and the Hon'ble Supreme Court allowed the appeal filed by the present complainant vide order dated 01.10.2024 (Annexure P-3) and the order passed by this Court dated 19.01.2023 was set-aside and liberty was granted to the respondents therein (petitioners herein) to challenge the final report.

6. While allowing the appeal filed by the complainant, the Hon'ble Supreme Court in its order dated 01.10.2024 allowed both the Cr.M.P. No. 1276/2022 and Cr.M.P. No. 1277/2022 as both these CrMP’s was decided by this Court in a common order. Being aggrieved by the order of the Hon'ble Supreme Court dated 01.10.2024, the petitioners moved an application for modification of the order dated 01.10.2024 and the same was allowed vide order dated 20.12.2024 (Annexure P-4) and the order 01.10.2024 was modified to the effect that it shall only be applicable to Cr.M.P.

No.1277/2022.

7. As per the liberty granted by the Hon'ble Supreme Court the petitioners has filed this second Cr.M.P. for quashment of final report/charge-sheet.

8. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this present case just because of the property dispute and the property which have been purchased in the name of the complainant by petitioner No. 1 has been taken back in the name of petitioner No. 2 (husband) through gift deed, then the complainant filed a false and fabricated report of rape/sexual harassment against the petitioners just to grab the property and to get the extra amount and a piece of land from the petitioners in