NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2308 of 2018 Sakila Begam D/o Abdul Habib Raeen Aged About 35 Years R/o Village Pendra Near Masjid, Ward No. 8, District Bilaspur Chhattisgarh, District :

Bilaspur, Chhattisgarh ---- Petitioner Versus

1. State of Chhattisgarh Through The Station House Officer, Police Station Baikunthpur, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh

2. Smt. Rehana Quraishi W/o Ezaz Quraishi Aged About 34 Years R/o Dabripara, Baikunthpur, District Koriya Chhattisgarh, District :

Koriya (Baikunthpur), Chhattisgarh ---- Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Yogendra Chaturvedi and Ms. Deepa Chaturvedi, Advocates.

For Respondents-State : Mr. Kawaljeet Singh Saini, Panel Lawyer.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Smt. Rajani Dubey , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

03.05.2024

1. Heard Mr. Yogendra Chaturvedi and Ms. Deepa Chaturvedi, learned counsel for the petitioner. Also heard Mr. Kawaljeet Singh Saini, learned Panel Lawyer, appearing for the respondents/State.

2. Though the notice was issued to the respondent No. 2 and the same has also been served, but none has appeared on behalf of the respondent No.2 to contest the matter.

3. The present petition has been filed by the petitioner with the following prayers:

“It is therefore, prayed that, the Hon’ble Court may kindly pleased to allow this petition and further be pleased to quash the FIR dated 17.10.2018 (Annexure P/1) registered as Crime No. 203/2018 at Police Station Bikunthpur, District – Koriya (C.G.) against the present petitioner and further be pleased to quash entire subsequent consequential criminal proceedings, in the interest of justice.”

4. Brief facts of the case as per the petitioner, are that the respondent No. 2 / Smt. Rehana Quraishi had lodged an FIR at Police Station Baikunthpur against her husband and in-laws under Sections 498A, 34 of the IPC, to the effect that she has been maltreated and harassed by her husband and in-laws on account of demand of dowry and now she has been living separately in her maternal house for last two years. The petitioner got to know that in the FIR lodged by the respondent No. 2, her name was also mentioned.

5. Learned counsel for the petitioner submits that in the FIR, the respondent No. 2 has made allegation against the petitioner stating that she is an Anganbadi Worker of the Ward No. 9 and has instigated her husband for committing offence which is punishable under Section 498A of the IPC. He further submits that the petitioner has no direct or indirect role in the instant crime and further the petitioner has never instigated the complainant’s husband for harassing her physically or mentally. He further submits that even if the entire case of the prosecution as mentioned in the FIR is considered true against the petitioner, no offence under Section 498A of the IPC is made out against her because Section 498A of the IPC can be registered only against the husband or his relatives and admittedly, the petitioner is not a relative of husband of the complainant, therefore, offence under Section 498A of the IPC against the petitioner is not made out. He also submits that the allegation made against the petitioner in the FIR is not sufficient to show that she is involved in any kind of harassment or maltreatment to the complainant and further the complainant herself is mature lady of 34 years of age, who has four children and therefore, no question of instigation arises and therefore, no cruelty on the part of the petitioner against the complainant is made out. He also submits that it is a undistputed fact that there was dispute between the husband of the complainant and the complainant, therefore, she is living in her maternal house but there is no dispute between the complainant and the petitioner. He further submits that though the case was registered in the year 2018, but till date, no charge-sheet has bee