2024:CGHC:44707-DB NAFR Digitally signed by BABLU BABLU RAJENDRA RAJENDRA BHANARKAR HIGH COURT OF CHHATTISGARH AT BILASPUR BHANARKARDate:

2024.11.18

18:26:46 +0530 CRMP No. 1377 of 2023

1 - Mohd. Safiq S/o Mohd. Sayeed Aged About 33 Years 2 - Afroz Begam W/o Mohd. Sayeed Aged About 64 Years 3 - Md. Rafiq S/o Mohd. Syeed Aged About 38 Years

4 - Anisha Begam @ Annu W/o Md. Rafiq Aged About 32 Years All resident Of M.I.G. 02 / 1580, Housing Board, Jamul, Thana- Jamul, District : Durg, Chhattisgarh ... Petitioners versus

1 - State Of Chhattisgarh Through Superintendent Of Police, Durg, District :

Durg, Chhattisgarh

2 - Station House Officer, Police Station Mahila Thana, Durg 3 - Amrin Bano Quareshi W/o Md. Rafiq Aged About 35 Years R/o Quarter No. 17 G, Street No. 32 Sector 04, Bhilai, District : Durg, Chhattisgarh ... Respondents For Petitioners : Mr.Sumit Singh, Advocate For Respondents No.1 & 2 : Mr.Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Amitendra Kishore Prasad, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

18.11.2024

1. Heard Mr.Sumit Singh, learned counsel for the petitioners as well as Mr.Shailendra Sharma, learned Panel Lawyer appearing for respondents No.1 and 2/Stae.

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

“It is, therefore, prayed that the Hon’ble Court may kindly be pleased to allow the petition and also be pleased to quash the charge sheet and consequential proceedings pending before the Learned Judicial Magistrate First Cloass, Durg C.G. in Criminal Case No.RCC/3243/2023 for the offences under Section 498- A,34 of Indian Penal Code (Annexure P-1), in the interest of justice.

3. It transpires from the records that notice has been issued to respondent No.3-Amrin Bano Quareshi W/o Md. Rafiq at regular intervals and as per the report submitted by the concerned Police Station, the said respondent refused to receive the notice in compliance of the Court’s dated 21.12.2023 which appears from 8.1.2024, which is on record and earlier also, notice was issued to her, but she refused to take as it is evident from the letter dated 21.12.2023 of the Superintendent of Police, Durg. Hence, notice being sufficient, the Court proceeds to hear matter on merits.

4. Case of the prosecution, in brief, is that the complainant/respondent No.3 filed written report in the Police Station Mahila Thana, Durg vide Crime No.122/2022 for offence under Section 498A/34 of the IPC on 14.12.2022 alleging that she was married with petitioner No.1 on 25.10.2019 which was her third marriage. After the marriage, the complainant shifted in the house of the petitioners and after 15 days, petitioner No.1 moved to Jammu as he is posted at the border in the army as Subedar and at present he is posted at Sikkim. Case of the petitioners spells out that after leaving the house of petitioner No.1, other co-accused persons i.e. petitioners No.2 to 4, mother-in-law, brother-in-law and sister-in-law of the complainant started treating the complainant with cruelty which she narrated to her husband/petitioner No.1. Further, a family meeting was convened in which she decided to live separately from the family members and petitioner No.1 was shifted separately in the rented accommodation in Bhilai.

5. It is further asserted that other family members used to compel petitioner No.1/husband which create quarrel between the husband and wife. Thereafter a counseling proceeding was carried out in which their matter pacified and they were living separately. After some days, again the couple fall into the quarrel and ultimately the FIR was lodged against the petitioners. The investigation was conducted and after completion of investigation, charge-sheet has been filed against the petitioners. Hence, this petition.

6. Learned counsel for the petitioners submits that the contents of the FIR does not make out a prima facie case under Section 498A/34 of the IPC against the petitioners