Order on Board

Per Ramesh Sinha, Chief Justice

06.03.2025

1. Heard Mr.Bharat Lal Sahu, learned counsel for the petitioner as well as Mr.Hariom Rai, learned Panel Lawyer appearing for respondent No.1/State.

2. The petitioner has preferred the instant petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with following prayer:-

“1. That, this Hon'ble Court may kindly be pleased to quash the FIR dated 19/11/2024 registered at Police Station Janjgir, District Janjgir-Champa (C.G.) under Crime No. 902/2024 for the commission of offences punishable under Section 296, 351(2) and 115(2) of the Bhartiya Nyaya Sanhita, 2023 lodged by complainant/respondent no.2 herein namely Smt.

Saraswati Shrivas.

2. That, this Hon'ble Court may kindly be pleased to quash the entire charge sheet dated 21/11/2024 (Annexure-P/1) filed against the petitioner before the Court of learned Chief Judicial Magistrate, Janjgir, District Janjgir-Champa (C.G.) in pursuance of the Crime No. 902/2024 registered at Police Station Janjgir, District Janjgir-Champa (C.G.) for the commission of offences punishable under Section 296, 351(2) and 115(2) of the Bhartiya Nyaya Sanhita, 2023 lodged by complainant/ respondent no.2 herein namely Smt.

Saraswati Shrivas.

3. That, this Hon'ble Court may kindly further be pleased to quash the Criminal Case/ proceeding registered bearing Criminal Case No. 1771/2024 (State of Chhattisgarh Vs. Sanjay Kumar Shrivas) pending before the Court of leaned Chief Judicial Magistrate, Janjgir, District Janjgir-Champa (C.G.) in pursuance of the Crime No. 902/2024 registered at Police Station Janjgir, District Janjgir-Champa (C.G.) for the commission of offences punishable under Section 296, 351(2) and 115(2) of the Bhartiya Nyaya Sanhita, 2023 lodged by complainant/ respondent no.2 herein namely Smt.

Saraswati Shrivas.

4. Any other reliefs, which this Hon'ble Court deems fit under the facts and circumstances of the case may kindly be granted to the petitioner.”

3. Brief facts of the case are that the complainant/respondent no.2 herein lodged an FIR against the petitioner at Police Station Janjgir, District Janjgir-Champa (C.G.) stating therein that on 19.11.2024 the petitioner has committed assault /marpit with her and also threaten to commit her murder and he refused to take her back at the matrimonial home as per the mutual agreement in the Court counseling proceeding. This incident was immediately reported by the complainant at Police Station Janjgir, District Janjgir-Champa (C.G.) and on the basis of the complaint, the concerned Police have registered the case against the petitioner for offence punishable under Sections 296, 351(2) and 115(2) of the Bhartiya Nyaya Sanhita, 2023 in respect of Crime No. 902/2024.

4. The concerned Police has filed the charge sheet dated 21.11.2024 against the petitioner before the Court of learned Chief Judicial Magistrate, Janjgir, District Janjgir-Champa (C.G.) in pursuance of Crime No. 902/2024 registered at Police Station Janjgir, District Janjgir-Champa (C.G.) for offences under Sections 296, 351(2) and 115(2) of the Bhartiya Nyaya Sanhita, 2023 lodged by complainant/ respondent no.2 herein namely Smt. Saraswati Shrivas. Thereafter the concerned Court has started the Criminal Case/proceeding and registered the case bearing Criminal Case No. 1771/2024 (State of Chhattisgarh Va. Sanjay Kumar Shrivas) in pursuance of the Crime No. 902/2024 registered at Police Station Janjgir, District Janjgir- Champa (C.G.) for the commission of offences punishable under Section 296, 351(2) and 115(2) of the Bhartiya Nyaya Sanhita, 2023 lodged by complainant/ respondent no.2 herein namely Smt.

Saraswati Shrivas.

5. The petitioner / accused is a husband of the complainant /respondent No.2 herein namely Smt. Saraswati Shrivas. The petitioner and complainant was solemnized their marriage as per the Hindu rites and customs at village Dongakouhroud, District janjgir- Champa (C.G.) on 06.05.2006. Thereafter, they resided toge