2024:CGHC:46795-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2558 of 2024

1 - Akram Khan S/o Zameer Ahamad Khan Aged About 34 Years

2 - Zameer Ahmad Khan S/o Late Majjan Khan, Aged About 62 Years

3 - Sarwari Begum W/o Zameer Ahmad Khan Aged About 55 Years All are R/o House No. 75, Bheem Nagar, Shankar Chowk, Supela, PS.

Supela, District Durg, Chhattisgarh.

4 - Abdul Azam Khan S/o Late Abdul Gafoor Khan Aged About 41 Years R/o House No. 911/K Panchsheel Nagar East, BMY, Charoda, Bhilai, District Durg, Chhattisgarh.

... Petitioners versus

1 - State of Chhattisgarh Through Police Station Dharsiwa, District Raipur, Chhattisgarh.

2 - Noorjahan Ahmad W/o Akram Khan Aged About 26 Years R/o Shakti Para Village Silyari, In front of Water Tank, P.S. - Dharsiwa, District - Raipur, Chhattisagarh.

... Respondents For Petitioners : Ms. Reena Singh, Advocate.

For Respondent/ State : Mr. Nitansh Jaiswal, Panel Lawyer For Respondent No. 2 : Mr. M.K.Beg, Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Amitendra Kishore Prasad, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

2 8 /11/2024

1. Challenge in this petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short, the BNSS) is to the registration of the FIR bearing Crime No. 0499/2024 at Police Station, Dharsiwa, District Raipur, for the offences punishable under Sections 115(2), 296, 3(5), 351(2) and Section 85 of the Bhartiya Nyay Sanhita, 2023 (for short, the BNS, 2023), lodged by the respondent No. 2-Noorjahan Ahmad, who is the wife of petitioner No. 1-Akram Khan.

2. The facts, in brief, as projected by the petitioners are that the marriage of petitioner No. 1 and respondent No. 2 took place on 07.05.2018 at Silyari, District Raipur. After the marriage, the respondent No. 2/complainant came to her matrimonial house, situated at Bheem Nagar, Supela, Bhilai, District Durg and from their wedlock, two children (one daughter and one son) were born. After six years of marriage, for the very first time on 01.8.2024, the respondent No. 2 lodged a formal complaint before the Police Station Supela, District Durg, alleging that on 31.7.2024 at about 12 0' Clock relating to some home dispute, her husband petitioner No. 1-Akram and mother in law respondent No. 3-Sarvari Begum hurled abuses and assaulted her. Again on 01.08.2024 at about 03 p.m., the petitioner No. 1 and 3 assaulted the respondent No. 2 upon which she received injuries on her hand, head and neck. On the basis of complaint made by the respondent No. 2, the police registered a crime through FIR No. 843/2024 against petitioner No. 1 and petitioner No. 3 for the offences of bailable nature under Sections 115(2), 296, 3(5), 351(2) of the BNS as the MLC report of complainant shows no any external injury over her body and subsequently after recording her statements alongwith the statements of other family members after completion of the investigation in the matter the concerned police station has filed charge sheet before the Court of Learned Chief Judicial Magistrate Durg under Sections 115(2), 296, 3(5), 351(2) of BNS on dated 20.08.2024 and the same is pending as case RCC No.

14142/2024.

3. It is submitted by Ms. Reena Singh that on 02.8.2024 the mother in law of the complainant has reported the matter before the Mahila Thana Bhilai, District Durg regarding the incident that happened on 01.08.2024 at their residence whereby her daughter in law alongwith her mother, aunt, and father all have assaulted the Sarvari Begum abused her of dire consequences. For the purpose of re-union, the matter was kept for mediation in which both the parties were present and made their submissions in which the respondent No. 2 stated she does not want to live with her husband and further said that she wants divorce from her husband.

4. It is further submitted by Ms. Singh that in order to counter of the complaint dated 02.08.2024, the respondent No. 2 again moved a complaint before the Mahila Thana, Raipur on 08.8.2024 and again cou