2026:CGHC:6943-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 413 of 2026

1 - Kismatunnisha W/o Iqbal Ahmed Aged About 66 Years R/o Darbhanga Chowk, Ward No. 30, Shahdol, District- Shahdol, M.P.

2 - Eklakh Ahmed S/o Iqbal Ahmed Aged About 37 Years R/o Darbhanga Chowk, Ward No. 30, Shahdol, District- Shahdol, M.P.

3 - Afaq Ahmed S/o Iqbal Ahmed Aged About 35 Years R/o Darbhanga Chowk, Ward No. 30, Shahdol, District- Shahdol, M.P.

... Petitioners versus

1 - State Of Chhattisgarh Through The Station House Officer, Police Station-

Katghora, District- Korba, C.G.

2 - Salika Raunak W/o Afaq Ahmed Aged About 24 Years R/o Purani Basti, Radha Sagar Road, Katghora, District- Korba, C.G.

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

For Petitioners : Mr. Arun Kumar Shukla, Advocate For Respondent No.1/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha, C.J.

09/02/2026 VED 1. This Criminal Miscellaneous Petition under Section 528 of the PRAKASH DEWANGAN Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Digitally signed by VED PRAKASH DEWANGAN Date: 2026.02.10 petitioners seeking quashment of FIR dated 27.09.2025 registered as Crime No. 342/2025 at Police Station Katghora, District Korba (C.G.) for the offences punishable under Sections 85 and 3(5) of the Bharatiya Nyay Sanhita, 2023, as also all consequential proceedings arising therefrom. The petitioners, who are the mother-in-law, brother- in-law and husband of respondent No.2, contend that the impugned FIR has been lodged on the basis of vague, omnibus and malicious allegations, without any specific attribution of role or overt act to the petitioners, and that the essential ingredients of the alleged offences are not made out even if the allegations in the FIR are accepted at their face value. It is further asserted that the criminal proceedings are manifestly attended with mala fide intent and amount to an abuse of the process of law, warranting exercise of inherent jurisdiction of this Court to secure the ends of justice.

2. The petitioners have filed the present Criminal Miscellaneous Petition with the following reliefs:-

“It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to:

I. Allow this petition under Section 528 of B.N.S.S. filed by the petitioners.

II. Quash the impugned FIR dated 27.09.2025 bearing Crime No. 342/2025 registered at Police Station, Katghora, District-Korba (C.G.) for the offence U/s 85, 3(5) of Bhartiya Nyay Sanhita, 2023 against the petitioners.

III. Gran any other relief, which may be deemed fit in given facts and circumstances of the case, in favour of petitioners.”

3. Learned counsel for the petitioners would submit that the impugned FIR dated 27.09.2025 registered as Crime No. 342/2025 at Police Station Katghora, District Korba, for the offences under Sections 85 and 3(5) of the Bharatiya Nyay Sanhita, 2023 is a clear abuse of the process of law, inasmuch as the allegations made therein are vague, omnibus and bereft of any specific role or overt act attributable to the petitioners. It is contended that respondent No.2 admittedly resided in the matrimonial home only for a very brief period and voluntarily left the same on her own accord, and that no material has been placed on record to demonstrate any demand of dowry or conduct amounting to “cruelty” as defined under Section 85 of the BNS. Learned counsel would further argue that even if the allegations in the FIR and accompanying statements are taken at their face value, the essential ingredients of the alleged offences are not made out against the petitioners, particularly against petitioner No.1, an aged and infirm mother-in-law, and petitioner No.2, the brother-in-law, against whom sweeping and bald allegations have been levelled. It is thus submitted that continuation of the criminal proceedings would be nothing but harassment of the pe