2024:CGHC:29057-DB Digitally signed by BABLU BABLU RAJENDRA NAFR RAJENDRA BHANARKAR BHANARKAR Date:

2024.08.06 HIGH COURT OF CHHATTISGARH AT BILASPUR

11:19:09 +0530 CRMP No. 888 of 2024

1. Brijesh Parmatmanand Ranjan S/o Late Shri Parmatmanand Aged About 33 Years R/o-A-34 Murutidham Society, Ranoli, Distt-

Vadodara ( Gujrat).

2. Lalmuni Devi W/o Late Shri Parmatmanand Aged About 70 Years R/o-A-34, Murutidham Society- Ranoli, Distt- Vadodara ( Gujrat).

3. Ragini Ranjan W/o Shashi Ranjan Aged About 40 Years R/o-E-29, Alankar Tenament, T.P13, Chhani Jakat Naka, Vodadara (Gujrat)

4. Aartiben Sunilbhai Sahani W/o Sunil Sahani Aged About 43 Years R/o-B-339, Part-7, Parshwanath Township, Shakti Chowk, Saijpur Bogha, Ahmadabad ( Gujrat)

... Applicants versus

1. State Of Chhattisgarh Through-Station House Officer, Mahila Thana, Durg, Chhattisgarh.

2. Sukanya Prasad W/o Brijesh Parmatmanand Ranjan Aged About

23 Years R/o Morya Kirana Stores, Ghasidas Nagar, Jamul, District- Durg, Chhattisgarh ... Respondents

Order on Board

Per Ramesh Sinha , Chief Justice

05.08.2024

1. Heard Mr.Prakash Tiwari, learned counsel for the appellants. Also heard Mr.Hariom Rai, learned Panel Lawyer appearing for respondent No.1 and Mr.Shikhar Sharma, learned counsel appearing for respondent No.2.

2. The petitioners have filed this petition under Section 482 of the CrPC with following prayer:-

“It is therefore prayed that this Hon’ble Court may be pleased to allow the petition and set aside/quash the FIR against the applicants (collectively or severally) in FIR No.14/2024, dated 24.02.2024 passed by the Station House Officer, P.S. - Mahila Thana, Durg, Chhattisgarh, or any subsequent proceeding arising out of the said Crime No. in the ends of justice.”

3. Case of the prosecution, in brief, is that applicant No.1 is husband of the complainant/respondent No.2 who is residing with his mother in the given address at Ranoli, Vadodara (Gujrat). Further, applicant No.2 is sister-in-law (Bhabhi) of applicant No.1 who resides with her husband and 2 children in Chhani Jakatnaka, Vadodara (Gujrat) and applicant No.4 is sister of applicant No.1 who resides in the given address in Ahemdabad (Gujrat) with her respective family (Husband & two children). Applicant No.1 got married to respondent No.2 on 18.02.2022 at their ancestral home at Baliya, Uttar Pradesh with Hindu rights and rituals and after living in the said ancestral home for about 5 days, applicant No.1 and respondent No.2 travelled to Gujrat and started residing at Ranoli, Vadodara (Gujrat) on 25.02.2022.

4. Respondent No.2 in the impugned FIR has herself mentioned that just few days after wedding, respondent No.2 went back to her maternal home at Chhattisgarh on 19.03.2022. Viz-a-viz, she also mentioned that every thing was cordial between her and the applicants till month from the marriage. Further, respondent No.2 mentioned in the impugned FIR that she returned to applicants home (Gujrat) on 27.05.2022 (after about 2 months) and later again she left on 02.09.2022 (in 3 months 7 days) alleging various vexatious reason. It is after 1 year, 5 months and 23 days of residing separately from applicants No.1 & 2, respondent No.2, only in order to satisfy her personal vendetta against applicant No.2 filed a complaint before respondent No.1 and respondent No.1 registered the impugned FIR without conducting any preliminary enquiry, as the instant case falls within the categories of cases on which a preliminary enquiry may be made. On the basis of FIR lodged by respondent No.2, police of Police Station Mahila Thana, Durg registered the offence under Section 498A/34 of the IPC against the applicants. Hence, this petition.

5. Mr.Prakash Tiwari, learned counsel for the applicants submits that except applican