2026:CGHC:1918-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 77 of 2026

1 - Kisan Sahu S/o Shri Raghubar Sahu, Aged About 31 Years, Resident of Dehanpara Old Sarkanda P.S. Sarkanda Tehsil and District-

Bilaspur ... Petitioner versus

1 - State of Chhattisgarh Through- Station House Officer, Police Station Mahila Thana District- Bilaspur (Chhattisgarh)

2 - Mamta Sahu W/o Kisan Sahu, Aged About 24 Years, Resident of Infront of Swarna Residency Shivam City Road Mopka Tehsil- Masturi, District- Bilaspur (Chhattisgarh)

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

For Petitioner : Ms. Gunjan Tiwari, Advocate.

For Respondent-State: Mr. Shaleen Singh Baghel, Govt. Advocate.

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

Order on Board

Per Ramesh Sinha, Chief Justice

13-01-2026

1. Heard Ms. Gunjan Tiwari, learned counsel appearing for the petitioner. Also heard Mr. Shaleen Singh Baghel, learned Govt.

DMA D16 A i a Og :t D 1 i e Ht 0 I : a LA :2 l 1 MK 0 y 7 2 HM s +6 i A gE .00 N nD 51 e 3. d 10 5 by Advocate, appearing for the Respondent-State.

2. The present petition under Section 528 of BNSS, 2023 has been filed by the petitioner with the following prayer:- "It is therefore, prayed that this Hon’ble Court may kindly be pleased to allow the instant petition and quash/set-aside the impugned FIR No. 21/2023 registered on dated 20.03.2025 at P.S. Mahila Thana, Bilaspur for the offence u/s 498(A) & 34 of I.P.C., the cognizance order passed by learned JMFC, Bilaspur (C.G.) on dated 24.04.2023 and the entire criminal proceeding (Criminal Case No. 3100/2023) initiated against the petitioners pursuant to FIR No. 21/2023 and charge sheet, in the interest of justice."

3. The case of the prosecution in brief is that, the petitioner is husband of respondent No.2 Mamta Sahu whose marriage has been solemnized on 29-01-2022 with the customary rites and rituals. After some time of marriage her in-laws and her husband have tortured her mentally and physically for demand of dowry and therefore, she filed an application at Police Station Sarkanda, Bilaspur. In the month of August, 2022 she came to her parents house at the time Teeja festival and thereafter her husband has not taken her back and said that he will be taken her back only when she will come with a car and golden necklace. She also made an application before Mahila Pramarsh Kendra, but the settlement between them could not be arrived at and then she lodged the complaint. The FIR for the offence under Section 498(A) of the IPC was registered against the husband and in-laws. After due procedure of investigation charge sheet was filed before the learned Chief Judicial Magistrate, Bilaspur and thereafter the case was transferred to the Court of learned Judicial Magistrate First Class, Bilaspur for its trial, where Criminal Case No.3100/2023 is registered and pending for its trial.

4. Learned counsel for the petitioner would submit that the respondent No.2/complainant has raised trivial issue and it was a matrimonial dispute between the petitioner and the respondent No.2. She would further submit that there is settlement between the parties and a divorce decree has been passed on the basis of mutual consent by the learned Principal Judge, Family Court Bilaspur vide its judgment dated 08-08-2025 and decree dated 11-08-2025 passed in Civil Suit No.527A/2025. It was the terms of settement that respondent No.2/complainant shall withdraw her complaint and get the criminal case under Section 498(A) of the IPC closed. Since the parties have entered into compromise and settled their dispute under the terms of settlement, one time maintenance amount of Rs.5,00,000/- have already been paid to the respondent No.2/complainant, the proceeding against the petitioner pending before the learned Judicial Magistrate First Class, Bilaspur for the offence under Section 498(A), 34 of the IPC may be quashed.

5. Learned counsel appearing for the State does not dispute