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2025 Supreme(Online)(Chh) 10988

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
ABHIJEET KUMAR SINGH – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
CRMP/2778/2025



Digitally signed by 2025:CGHC:45185-DB SHOAIB S A H N O W A A I R B ANWAR Date:

2025.09.04 18:06:02 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2778 of 2025

1 - Abhijeet Kumar Singh S/o Naveen Kumar Singh, Aged About 34 Years R/o Sahupara, Ward No. 13, Supela, Bhilai, Tehsil And District Durg (C.G.)

2 - Abhishek Kumar Singh S/o Naveen Kumar Singh, Aged About 37 Years R/o Sahupara, Ward No. 13, Supela, Bhilai, Tehsil And District Durg (C.G.)

3 - Supriya Singh, W/o Abhishek Singh, Aged About 31 Years R/o Sahupara, Ward No. 13, Supela, Bhilai, Tehsil And District Durg (C.G.) 4 - Naveen Kumar Singh, S/o Late Ramvriksha Singh, Aged About 62 Years R/o Sahupara, Ward No. 13, Supela, Bhilai, Tehsil And District Durg (C.G.)

5 - Manju Singh, W/o Naveen Kumar Singh, Aged About 57 Years R/o Sahupara, Ward No. 13, Supela, Bhilai, Tehsil And District Durg (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through P.S. Mahila Thana, Durg, District Durg (C.G.)

2 - Smt. Mitali Singh W/o Abhijeet Singh, Aged About 31 Years R/o Qtr. No. 18/a, Street No. 22, Sector-2, Ward No. 40, Bhilai, Tahsil And District Durg (C.G.) ... Respondent(s)

(Cause title taken from CIS)

For Petitioner(s) : Shri Amiyakant Tiwari, Advocate.

For Respondent/State: Shri Swajeet Singh Ubeja, Panel Lawyer For Respondent No. 2: Ms. Mamta Patel, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

04.09.2025

1. Heard Shri Amiyakant Tiwari, learned counsel for the petitioners. Also heard Shri Swajeet Singh Ubeja, learned Panel Lawyer for the State as well as Ms. Mamta Patel, learned counsel for the respondent no. 2.

2. The present Cr.M.P. has been filed with the following prayer:-

“Therefore it is prayed accordingly that in the present facts and circumstances the present petition may kindly be allowed and the impugned charge sheet arising out of Crime No. 42/2022 dated 26.05.2022 registered with P.S. Mahila Thana Durg, District Durg for the offences punishable u/s 498-A/34 of I.P.C. r/w section 4 of Dowry Prohibition Act along with the proceedings of RCC No. 10907/2022 pending before the learned Judicial Magistrate First Class, Durg, District Durg (C.G.) and the order taking cognizance dated 02/01/2022 (Annexure P/1 colly) may kindly be quashed, in the interest of justice.

Any other relief which this Hon'ble Court may think just and proper may also kindly be allowed in the interest of justice.”

3. The petitioners, who are the husband, brother-in-law (jeth), co-sister (jethani), father-in-law and mother-in-law, respectively of the respondent No.2, have filed this petition under Section 528 of the BNSS 2023 stating therein that the marriage between the petitioner No.1 and respondent No.2 was solemnised on 11.12.2021 at Durg. An F.I.R. bearing registration No. 42/2022 came to be registered with P.S.

Mahila Thana, Durg, District Durg (C.G.) against the petitioners herein for the offences punishable u/s 498-A/34 of I.P.C. r/w section 4 of Dowry Prohibition Act. As per the averment of the F.I.R. the respondent no.2 is living in her matrimonial house since 16.03.2022. The respondent no.2 has filed the criminal complaint against the husband and his relatives under section 498A r/w 34 of I.P.C. and Section 4 of Dowry Prohibition Act alleging cruelty and harassment for demand of dowry and misappropriation of ornaments and money. It is also alleged that the respondent no.2 was subjected to mental and physical torture by the present petitioners. Upon receiving the complaint the Mahila police Thana Durg had registered the present Crime against the petitioners and after registration of an F.I.R. the criminal law was set on motion. The local police on completion of the investigation filed its final report before Judicial Magistrate First.

4. At the very outset learned counsel for the petitioners would submit that the matter has been amicably settled between the parties on 5.7.2025 and thereafter they moved an

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