2026:CGHC:7295-DB Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWAL Date:

2026.02.12

10:16:07 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2327 of 2024

1 - Sachin Sinha S/o. Shri Kamlesh Prasad Sinha Aged About 46 Years R/o. 28/209, Ektal Road, Chhote Atarmudha, Raigarh, Tah. And Distt.

Raigarh (C.G.)

2 - Kamlesh Prasad Sinha S/o. Late Maheshwari Prasad Sinha Aged About 71 Years R/o. 28/209, Ektal Road, Chhote Atarmudha, Raigarh, Tah. And Distt. Raigarh (C.G.)

3 - Smt. Manjulata Sinha W/o. Shri Kamlesh Prasad Sinha Aged About 65 Years R/o. 28/209, Ektal Road, Chhote Atarmudha, Raigarh, Tah.

And Distt. Raigarh (C.G.)

4 - Nitin Sinha S/o. Shri Kamlesh Prasad Sinha Aged About 48 Years R/o. 28/209, Ektal Road, Chhote Atarmudha, Raigarh, Tah. And Distt.

Raigarh (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Police Station Mahila Thana Durg, Distt. Durg (C.G.)

2 - Smt. Preeti Sinha W/o. Shri Sachin Sinha Aged About 42 Years R/o. Road No. 3, Panchsil Colony, Sector-A, Borsi, Durg, Tah. And Distt.

Durg (C.G.)

... Respondent(s)

For Petitioner(s) : Mr. Manoj Kumar Sinha, Advocate For State : Mr. Shailendra Sharma, Panel Lawyer For Respondent No. 2 : Mr. Manish Upadhyay, Advocate Division Bench:

Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

10 .02.2026

1. Heard Mr. Manoj Kumar Sinha, learned counsel for the petitioners as well as Mr. Shailendra Sharma, Panel Lawyer for the respondent/ State and Mr. Manish Upadhyay, learned counsel for Respondent No. 2 / complainant.

2. The present petition under Section 528 of B.N.S.S. has been filed by the petitioners with the following prayer :-

“It is therefore prayed that the Hon'ble Court may kindly be pleased to call for the records of the court below Criminal Case (RCC) No.252/2024 (State of CG Vs Sachin Sinha and other) pending before the Judicial Magistrate First Class, Durg Distt. Durg and after its perusal allow this petition and quash the First Information Report bearing Crime No. NO. 72/2023 registered at police Station Mahila Thana Durg, entire criminal proceedings pending in criminal case (RCC) No.252/2024 (State of CG Vs Sachin Sinha and others) pending before the JMFC Durg Distt. Durg (CG) against the petitioners for the offence under section 498A/34 of IPC, in the interest of justice.”

3. The case of the prosecution, in brief, is that the present

petitioners, being the husband (petitioner No.1), his parents

(petitioner Nos.2 and 3), and his brother (petitioner No.4), have been implicated in Crime No.72/2023 registered at Police Station Mahila Thana, Durg under Section 498-A/34 IPC on the basis of a complaint dated 27.04.2023 lodged by Respondent No.2 (wife), alleging demand of dowry and cruelty after about 14 years of marriage solemnized on 27.04.2009. The complainant alleged that at the time of marriage a sum of Rs.5,00,000/-, gold and silver ornaments were demanded and that she was subjected to harassment for further dowry; however, the petitioners deny all allegations, stating that the marriage was performed happily without any demand, a male child was born from the wedlock, and the complainant had been residing at her parental home without sufficient cause. After investigation, charge sheet has been filed and the matter is pending before the learned JMFC, Durg for consideration on charge. Meanwhile, the complainant has also initiated proceedings under Section 125 Cr.P.C., wherein interim maintenance of Rs.13,000/- per month has been awarded. The petitioners contend that the allegations are general, belated, and false, and have therefore preferred the present petition seeking quashment of the FIR and consequential criminal proceedings.

4. Learned counsel for the petitioners submits that the impugned FIR

No.72/2023 registered at Police Station Mahila Thana, Durg under

Section 498-A/34 IPC and the consequential Criminal Case

No.252/2024 are nothing but an abuse of the process of law, as

the marriage b