NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1951 of 2024 Darshna Sharma W/o Vikas Sinha, aged about 33 years Presently Residing At H.No. 1491, Civil Lines, Gariyaband, Police Station and District - Gariyaband (C.G.), Pin - 493889, 9731663058 ---- Petitioner Versus

1. State of Chhattisgarh Through Police Station Tikrapara, District Raipur (C.G.)

2. Vikas Sinha S/o Shri B.P. Sinha Aged About 40 Years Presently Residing At H.No. D-1902, 19th Floor, Tower D, Ajnara Le Garden, GH 02, Greater Noida West, Gautam Budhha Nagar, Noida, Uttar Pradesh - 201301, Mo. 9619778987 ---- Respondents (Cause-title taken from Case Information System)

For Applicant : Mr. Mohammad Afroz Athar, Advocate through video conferencing.

For Respondents/State : Mr. Shailendra , Panel Lawyer.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

25.07.2024

1. Heard Mr. Mohammad Afroz Athar, learned counsel for the petitioner through video conferencing. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for respondents/State.

2. The petitioner has filed the present petition seeking quashment of the FIR No. 241/2023 registered at Police Station, Tikrapara, District – Raipur (C.G.) for the offence punishable under Section

406 of IPC.

3. Brief facts are necessary for the case are that the complainant (respondent No.2) is the husband of the petitioner. Before marriage, the petitioner was working as a Software Engineer, but after the marriage the petitioner had to quit her job due to the pressure of the respondent No.2, but the respondent No.2 had assured the petitioner that he would deposit around 50% of his salary in petitioner's account every month for the household work which the petitioner should do. The respondent No.2 had further assured the petitioner that the petitioner would be free to utilize the money on her own accord. On 13.05.2022, the respondent No.2, beat the petitioner mercilessly and drove the petitioner out of her matrimonial home on account of which the petitioner on 17.05.2022, came back to her parental home. After coming to her parental home i.e. at Gariyaband, the petitioner filed a complaint against the respondent No.2 for committing domestic violence after which both the parties were called for counselling and thereafter a settlement was made. During the process of settlement, the respondent No.2 admitted his mistakes in writing and assured that he wanted to live with the petitioner but after going from Sakhi One Stop Center, Gariyaband, the respondent No.2 again started verbally abusing the petitioner and told that he would break the skull of their child, namely, Vidarshand and he also threatened the petitioner of dire consequences in case the petitioner would take any legal action against him due to which at around 12.30 O'clock at night, the petitioner called the Police. Thereafter, the respondent No.2 deposited a sum of Rs.26,54,580/- in the account of the petitioner and also deposited school fee of their child and told the petitioner to settle in Chhattisgarh but the petitioner did not use the money keeping a positive hope for settlement in future.

4. On 15.10.2022, the petitioner received a text message from the IDFC First Bank that somebody has requested to change the phone number registered with the petitioner's account. On receiving the message, the petitioner made an E-mail to the concerned Bank and asked to cancel the request of changing the phone number. On 18.10.2022, the petitioner received another message from IDFC First Bank that changing of mobile number has been processed. After some days, the petitioner also received information that somebody unlawfully logged in through E-Banking in Petitioner's RBL Bank account. The bank officials also told the petitioner to make a Police complaint. Initially, the petitioner was not sure as to who was trying to change the registered number, therefore, on 30.10.2022, the petitioner lodged a written complaint b