2024:CGHC:39356 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1004 of 2022

1 - Dr. Mala Premchand W/o Shri B Premchand Aged About 66 Years R/o Shanta Ji Nagar, Main Road Bhadrawati, Tahsil And Police Station Bhadrawati, Distt. Chandrapur (M.H.) 442902 2 - B. Premchand S/o Bhagwan Das Aged About 66 Years R/o Shanta Ji Nagar Main Road, Bhadrawati, Tahsil And Police Station Bhadrawati, Distt. Chandrapur (M.H.) 442902 3 - Ameet Premchand S/o B. Premchand Aged About 34 Years R/o Shanta Ji Nagar Main Road, Bhadrawati, Tahsil And Police Station Bhadrawati Distt. Chandrapur (M.H.) 442902 ... Petitioners versus

1 - State of Chhattisgarh Through Police Station Basantpur, Distt. Rajnandgaon (C.G.) 2 - Smt. Bhavna Choure W/o Ameet Premchand Aged About 33 Years R/o House No. A/55 Jeevan Colony Ward No. 45, Rajnandgaon, Tahsil And Distt. Rajnandgaon (C.G.)

... Respondents For Petitioners : Mr. Hemant Kesharwani, Advocate.

For Respondent/State : Mr. Swajeet Ubeja, Panel Lawyer.

For Respondent No.2 : Mr. Naveen Shukla, Advocate on behalf of Mr. Shaleen Singh Baghel, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

04/10/2024 Heard Mr. Hemant Kesharwani, learned counsel for the petitioners.

Also heard Mr. Swajeet Ubeja, learned Panel Lawyer for the State/respondent and Mr. Naveen Shukla, learned counsel appearing on behalf of Mr. Shaleen Singh Baghel, learned counsel for the respondent No.2/complainant.

The petitioners have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR in Crime No.346/2020 registered at P.S. Basantpur, District: Rajnandgaon, Chhattisgarh and all subsequent proceedings arising out aforesaid crime number, in the interest of justice.

1. Facts of the case, in brief, is that the petitioner No.3 was the husband of respondent No.2, petitioner Nos.1 & 2 are mother-in-law and father-in-law of respondent No.2/complainant. Marriage of respondent No.2/complainant was solemnized with the petitioner No.3 on 19-01-2019 at Rajnandgaon, Chhattisgarh under Buddhist customary rites and ritual. Both of them stayed together about three months and between that period, the complainant/wife shown her impulsive behavior to marital relationship. Mother of respondent No.2/complainant disclosed that her daughter is suffering from mental disease for long time. Before the marriage, neither respondent No.2 nor her parents disclosed about the mental disease of respondent No.2 to the petitioners. Thereafter, the petitioner No.3/husband filed an application under Section 12 of the Hindu Marriage Act, declaring of marriage null & void. Resultantly, the said application filed by the petitioner No.3/husband has been allowed vide judgment and decree dated 08/04/2021 and marriage was declared nullity, copy of the same is marked as Annexure-P/2. On 01/10/2020, the respondent No.2/wife filed complaint at P.S. Basantpur, against the petitioners for the offence under Section 498- A, 34 of the IPC in Crime No.346/2020. It is alleged that the petitioners harassed the complainant for demand of dowry soon after the marriage.

2. Learned counsel for the petitioners submit that the marriage of the petitioner No.3 with the respondent No.2/complainant has already been declared null and void, as such, there was no relation of husband and wife between the petitioner No.3 and respondent No.2/complainant under Section 12 of the Hindu Marriage Act, therefore, the offence under Section 498-A of the IPC is not made out against the petitioners. He submits that the police registered the offence against the petitioners without proper counseling with petitioners and the police has not considered the fact at the time of registering the complaint that litigation in respect of marriage is pending before the competent Court. It is submitted that respondent Nos.1 & 2 i.e. parents of husband/petitioner No.3 are old age persons and the allegation made by the respondent No.2/complai