Order on Board

Per Ramesh Sinha, Chief Justice

19/12/2024

1. Heard Mr. Vikrant Pillay, learned counsel for the petitioners, Mr. Swajit Uboweja, learned Panel Lawyer for the State/respondent No. 1 as well as Ms.Hamida Siddiqui, learned counsel for the respondent No. 2.

2. By this petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed for the following relief(s):

“(I) The Hon’ble Court may kindly be pleased to call for the entire records pertaining to this case for its kind perusal; and (II) The Hon’ble Court may kindly be pleased to allow this petition and further be pleased to quash the entire criminal proceedings launched against the petitioners in Criminal Case No.5089/2019 pending before the learned Judicial Magistrate 1st Class, Bilaspur, Distt.-Bilaspur (C.G.) including First Information Report lodged against the petitioners under Crime No.373/19 registered at Sarkanda Thana Bilaspur, Distt.-

Bilaspur (C.G.), in the interest of justice.”

3. The facts, in brief, as projected by the petitioners are that on 11.04.2019 a complaint was filed by Smt.Ishwari Sahu before the Station In-Charge, Police Station Sarkanda, District Bilaspur alleging that the marriage between respondent No.2 and petitioner No.1 was solemnized on 05.12.2013. After one month, respondent No.2 went to her parental home with her husband. At the victim’s maternal home, petitioner No.1 told the victim to get one acre of land in his name and bring one lakh rupees and went away. After a month, petitioner No.1 came to pick up the victim at her maternal home and took her to her inlaws house. After reaching the inlaws house, the father-in-law and mother-in-law of the victim started asking the victim whether she had brought one lakh rupees and one acre of land was got in the name of the petitioner No.1. When the victim’s father could not fulfill the demands of the petitioners due to his poor condition, then the petitioners started harassing the victim physically and mentally. On 26.02.2015, the victim’s girl child was born in Mittal Hospital, Bilaspur, the entire expenses of which were borne by the victim’s father. Two months after the child was born, when the victim went to her inlaws house, the victim was physically and mentally tortured by her husband. When the victim informed her father about the assault, the victim’s father took her to her maternal home and held social meetings. After the social meeting, the victim’s husband (applicant) brought the victim along with him to the victim’s inlaws house where the victim stayed for four months. In the year 2017, a day before Rakhi, the petitioner No.1 left the victim and her baby girl at Bilaspur railway station and since then the victim has been living in her maternal house. After that, the victim filed a complaint before Police Station Sarkanda, District Bilaspur. On the basis of that complaint an offence has been registered against the petitioners under Section 498A/34 of the IPC.

4. It has been argued by learned counsel for the petitioners that petitioner No.1 is husband of respondent No.2 and out of their wedlock, female child was born. It is stated that there was a matrimonial dispute between petitioner No.1 and respondent No.2 as they are husband and wife and their marriage was solemnized on 05.12.2013 and hence, the present proceedings against the petitioner No.1 who is husband and respondents No.2 and 3 who are inlaws of respondent No.2 be quashed.

5. On the other hand, learned counsel appearing for respondent No.2 has submitted that criminal revisions have been filed by petitioner No. 1 and respondent No.2 being Criminal Revision Nos.1123/2023 and 17/2024 and the matter was referred to the Mediation Center and maintenance was granted to the wife and mediation between the parties has failed. In view of above, it would be futile exercise for sending the matter again before the Mediation Center.

6. We have heard learned counsel for the parties and perused the documents appended