2025:CGHC:45237-DB NAFR Digitally signed by BABLU HIGH COURT OF CHHATTISGARH AT BILASPUR BABLU RAJENDRA RAJENDRA BHANARKAR BHANARKAR Date:

2025.09.04

18:30:08 +0530 CRMP No. 2530 of 2025

1 - Irfan Warsi S/o Late Iqbal Warsi, Aged About 36 Years R/o Ward No.

5, Civil Line Gariyaband, P.S. Gariyaband District Gariyaband (C.G.)

2 - Hasina Warsi W/o Late Iqbal Warsi, Aged About 65 Years R/o Ward No. 5, Civil Line Gariyaband, P.S. Gariyaband, District Gariyaband (C.G.)

3 - Firoja Pochi W/o Javed Pochi Aged About 49 Years R/o Muslim Mohalla, Ward No. 6, Near Mahamaya Mandir, Takhatpur, District Bilaspur (C.G.)

4 - Salma Pothiyawala W/o Irshad Pothiyawala, Aged About 38 Years R/o Ansari Ward, Behind Jama Masjid, Gondiya, Gondiya Rural, Gondiya Maharashtra --- Petitioners versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station- Kanker, District Kanker (C.G.)

2 - Salma Warsi W/o Irfan Warsi, Aged About 37 Years R/o In Front Of Gurudwara, Govindpur, Kanker, District Kanker (C.G.)

--- Respondents CRMP No. 2606 of 2025 Shahnaz Hingora W/o Shri Gulam Jilani Hingora Aged About 39 Years R/o Azad Chowk, In Front Of Zama Masjid Simga, Baloda Bazar, District : Balodabazar-Bhathapara, Chhattisgarh ---Petitioner Versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station- Kanker, District : Kanker, Chhattisgarh

2 - Salma Warsi W/o Irfan Warsi Aged About 37 Years R/o In Front Of Gurudwara, Govindpur, Kanker, District : Kanker, Chhattisgarh --- Respondents For Petitioners : Mr. S.I.Ali, Advocate For Respondent : Ms. Saumya Sharma, Panel Lawyer No.1-State For Respondent : Mr.Akhtar Hussain, Advocate No.2 Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

4/9/2025

1. Heard Mr.S.I.Ali, learned counsel for the petitioners as well as Ms.Saumya Sharma, learned Panel Lawyer appearing for respondent No.1/State and Mr.Akhtar Hussain, learned counsel appearing for respondent No.2.

2. By way of this petitions, the petitioners have prayed for the following relief(s):

“1) may kindly be pleased to allow this application and to set aside/quash the First Information Report dated 04/08/2025 bearing crime No.0236/2025 registered at Police Station Kanker for an offence under section 85 of BNS and section 4 of Muslim women (Protection of Rights of Marriage) Act 2019 against the petitioners, in the interest of justice.

2) and to kindly grant any other relief to the petitioners as the Hon’ble Court deem fit and proper in the facts and circumstances of the case, in favour of the petitioners.”

3. Since common question of law and fact are involved in these two petitions, they were clubbed and heard together and being disposed of by this common order.

4. The facts, in brief, as projected by the petitioners are that complainant Salma Warsi filed an application before Police Station Kanker, District Kanker (C.G.) alleging that her marriage was taken place on 09.04.2017 with petitioner-Irfan Warsi according to Muslim custom. Out of the said wedlock one son was born on 25.12.2017. It is also alleged that her husband i.e. Irfan Warsi has illicit relationship with other lady and this fact was concealled by the family member at the time of marriage. It is further alleged that she was subjected to cruelty by her husband and sister-in-laws. It is also alleged that her in-laws demanded dowry and pressurized her husband to give divorce to the complainant. After waiting for long time the complainant left the house with her cousin brother on dated 18.09.2024 and started residing in Kanker. It is also alleged that petitioner-Irfan Warsi husband of respondent No.2 solemnized second marriage and when the brother of complainant talked about this fact, he abused him.

5. On 06.02.2025 the complainant filed an application for grant of maintenance before the Family Court, Kanker alleging that on 20.06.2025 at night her husband pronounces Triple Talaq to the complainant on Mobile phone. Copy of applicati