2026:CGHC:2411-DB Digitally NAFR signed by ANURADHA ANURADHA TIWARI TIWARI Date: HIGH COURT OF CHHATTISGARH AT BILASPUR

2026.01.15

17:05:02 +0530 CRMP No. 678 of 2022

1 - Harishchandra Sahu S/o Late Shri Ramkrit Sahu Aged About 38 Years Resident Of Village Mohra, Post Selar, Police Station- Sipat, District- Bilaspur Chhattisgarh. C/o Mahamaya Park Colony Mangla, Police Station- Civil Line District Bilaspur Chhattisgarh.

2 - Mithalesh Sahu S/o Late Shri Ramkrit Sahu Aged About 32 Years Resident Of Village Mohra, Post Selar, Police Station- Sipat, District- Bilaspur Chhattisgarh. C/o Mahamaya Park Colony Mangla, Police Station- Civil Line District-Bilaspur Chhattisgarh.

3 - Smt. Sunita W/o Harishchandra Sahu Aged About 35 Years Resident Of Village Mohra, Post Selar, Police Station- Sipat, District- Bilaspur Chhattisgarh. C/o Mahamaya Park Colony Mangla, Police Station- Civil Line District-Bilaspur Chhattisgarh.

4 - Smt. Sandhya Sahu W/o Jay Sahu Aged About 34 Years C/o Mahamaya Park Colony Mangla, Police Station- Civil Line District-Bilaspur Chhattisgarh. ... Petitioners versus

1 - State of Chhattisgarh Through Station House Officer, Police Station-

Shakti, District-Janjgir-Champa Chhattisgarh.

2 - Dheeraj Sahu S/o Buddheshwar Prasad Sahu R/o Ward No. 5 Gopal Saw Mill Budhwari Bazar Sakti, District- Janjgir-Champa Chhattisgarh.

... Respondents (Cause-title taken from Case Information System)

For Petitioners : Mr. Pawan Shrivastava, Advocate For State/Respondent : Mr. Dharmesh Shrivastava, Deputy No.1 Advocate General For Respondent No.2 : Mr. U.K.S. Chandel, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

1 5 .01.2026

1. Heard Mr. Pawan Shrivastava, learned counsel for the petitioners as well as Mr. Dharmesh Shrivastava, learned Deputy Advocate General, appearing for the State/respondent No.1 and Mr. U.K.S.

Chandel, learned counsel for respondent No.2.

2. The petitioners have filed the instant petition with the following reliefs :-

“It is therefore, most humbly and respectfully prayed that this Hon'ble Court may kindly be pleased to allow the present petition and Quash the F.I.R. No. 283/2021 registered by police station Shakti on 4/9/2021 offence under section 323,506, 452,294, 34 of LP.C. against the petitioners and also quash the further proceeding arising out of the said F.I.R.. in the interest of justice.”

3. Brief facts of the case, are that respondent No.2/complainant Dheeraj Sahu alleged that on 13.08.2021 the present petitioners entered his house, abused him, and assaulted his mother Mana Bai with fists and kicks, causing injuries, whereupon the aforesaid crime was registered. The actual background, however, is that Smt. Mridula Sahu, sister of petitioner Nos.1, 2 and 4 and sister-in-law (Nanand) of petitioner No.3, is the legally wedded wife of respondent No.2. Their marriage was solemnized on 30.04.2012 as per Hindu rites. Out of the wedlock, a son Chandraditya was born on

12.09.2014. Due to matrimonial disputes, Smt. Mridula Sahu started residing at her parental home during 2015–2016. A community meeting of Sahu Samaj was held on 10.12.2016 at Village Lagra, after which, on mutual assurance, the spouses resumed cohabitation till 2020. Thereafter, respondent No.2 allegedly subjected her to mental and physical cruelty on account of dowry demands, compelling her to again leave the matrimonial home.

4. On 12.01.2021, respondent No.2 took the minor son with an assurance to return him within 15 days but neither returned the child nor permitted the mother to meet him. Consequently, Smt. Mridula Sahu submitted an application to the Nayab Tehsildar, Bilaspur, pursuant to which a search warrant was issued by the City Magistrate. Respondent No.2 challenged the said search warrant by filing Criminal Revision No.14/2021 before the Additional Sessions Judge, Bilaspur, which was decided vide order dated 03.03.2022. Respondent No.2 also filed a petition under S