Order on Board

Per Ramesh Sinha, Chief Justice

17.12.2024

1. Heard Mrs. Smita Jha, learned counsel for the petitioners. Also heard Mr. Malay Jain, learned Panel Lawyer, appearing for respondent No. 1/State and Ms. Rajni Soren, learned counsel, appearing for respondent No. 2/complainant.

2. The petitioners have filed this petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita with following prayer:-

“It is, therefore, prayed that the Hon'ble Court may kindly be pleased to allow this petition and quash the FIR No. 0072/2022 registered at Police Station Mahila Thana, Bilaspur, in the interest of justice."

3. Case of the prosecution, in brief, is that petitioner No. 1 is husband of the complainant/respondent No. 2 who is residing at her parental home. Petitioner No. 1 got married to respondent No. 2 on 24.04.2008 as per social rituals and customs and the respondent No. 2 resided at her matrimonial home at Bhoring, Mahasamund from the year 2008-09, in Chennai from the year 2009-12, in Pali, Korba from year 2012-15 and thereafter in District Koriya from the year 2015-16 and thereafter, respondent No. 2 went to her parental home. During this period, two children (son) were born from the wedlock. In the year 2017, petitioner No.1 came in his in-law’s house with respondent No.2 and lived in Kota, Bilaspur. Thereafter, the FIR was lodged in the year 2021 against the present petitioners on the subject of mental cruelty and harassment.

4. Learned counsel for the petitioners submits that the complainant/respondent No. 2 lodged a written complaint before the Mahila Thana, Bilaspur on 26.11.2022 alleging that after marriage her husband and in-laws used to demand a huge sum of money, used to mentally torture her and harass her physically. For the said reason she is residing at her parents’ house, on which FIR No. 0072 of 2022 has been registered at Mahila Thana, Bilaspur for offence punishable under Section 498A/34 of the IPC against all the petitioners. It is further submitted by the learned counsel for the petitioners that the respondent No. 2 has filed a case under Section 125 of the Cr.P.C. for maintenance for herself and her minor sons, which has been registered as MJC No.465/2024 before learned 2nd Additional Principal Judge, Family Court, Bilaspur (C.G.) and on compromise, settlement was arrived for giving Rs. 4,000/- per month as maintenance to respondent No. 2/wife and her sons. She further states that an act to constitute offence, the allegation should demonstrate the intention and act of the present petitioners towards the respondent No. 2, as the petitioners have never committed any such act which may fall under definition of Section 498A/34 of the IPC and even if entire case of the prosecution would be taken in its own face value than also the ingredients of Section 498A/34 of the IPC would not made out against the petitioners. She further states that no specific act of the petitioners have been attributed in the FIR and the petitioners have been implicated in crime in question only on the basis of vague, general and omnibus type statement of the complainant/wife with intent to harass the petitioners, therefore, allowing the continuation of criminal case against them would amount to abuse of process of law and thus, the impugned FIR deserves to be quashed.

5. Learned counsel for the petitioners submits that vide order dated

13.11.2024, this Court sent the parties to the Mediation Center and the petitioners were directed to deposit Rs.1,00,000/- to the respondent No.2. The Mediation Center, vide its report dated 22.11.2024, submitted that the mediation was failed due to non- deposit of the said amount by the petitioners to the respondent No.2. As the petitioner No.1 was not able to deposit said amount, the learned Family court Bilaspur has vide its order dated 21.05.2024 directed the petitioner No.1 for giving maintenance of Rs.4,000/- per month or Rs.20,000/- for five months to the respondent and her children. On Mediation, b