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2025 Supreme(Online)(Chh) 17444

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NIKAHAT PARVEEN – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
CRMP/3350/2025



2025:CGHC:59111-DB MANPREET KAUR NAFR Digitally signed by MANPREET KAUR Date: 2025.12.08 10:55:18 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3350 of 2025

1 - Nikahat Parveen W/o Mo. Ajaj Aged About 38 Years R/o Ali Kirana Store, Manjha Toli, Shankh Mode, P.S. Raidih, District Gumla (Jharkhand)

2 - Abdul Majeed S/o Late Noor Mohammad Aged About 69 Years R/o Ali Kirana Store, Manjha Toli, Shankh Mode, P.S. Raidih, District Gumla (Jharkhand)

3 - Kamrun Nisha W/o Abdul Majeed Aged About 62 Years R/o Ali Kirana Store, Manjha Toli, Shankh Mode, P.S. Raidih, District Gumla (Jharkhand)

4 - Astarun Nisha W/o Firoj Ansari Aged About 42 Years Present Address R/o Naim Nagar Old Court, Durgapur, District Wardhman (West Bengal)

5 - Faiyaj S/o Abdul Majeed Aged About 38 Years R/o Ali Kirana Store, Manjha Toli, Shankh Mode, P.S. Raidih, District Gumla (Jharkhand)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Ist Secretary, Department Of Home And Police Affairs Secretariat, Mahanadi Bhawan, New Raipur, P.S. And Post Rakhi, District Raipur, Chhattisgarh.

2 - Director General Of Police Police Head Quarter, Mahanadi Bhawan, New Raipur, P.S. And Post Rakhi, District Raipur, Chhattisgarh.

3 - Superindendent Of Police Raipur District Raipur, Chhattisgarh.

4 - Police Station Mahila Thana Through Officer Incharge Raipur, District Raipur, Chhattisgarh.

5 - Ishrat Parveen W/o Mo. Faiyaj Aged About 28 Years R/o Through Father Mujiburrahman Ward No. 28, Gaji Nagar Birgaon, P.S. Urla Raipur, District Raipur, Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Badruddin Khan, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer and Mr. Naveen Shukla, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

05.12.2025

1. Heard Mr. Badruddin Khan, learned counsel for the petitioners. Also heard Mr. Nitansh Jaiswal, learned Panel Lawyer, appearing for respondents No. 1 to 4/State and Mr. Naveen Shukla, learned counsel, appearing for respondent No. 5.

2. The present petition has been filed by the petitioners with the following prayer:

“(A) It is, therefore prayed that the Hon'ble Court be pleased to quash the F.I.R no 01/2022, Charge Sheet issued under section 498-A, 506, 406,34 of the IPC and 3 and 4 of Dowry Act and criminal proceeding 1818/22 pending before the JMFC Raipur Dist Raipur (C.G.)

(B) That, the honble high court, being pleased, to quash charge dated 17/05/22 and cognizance order dated 4/3/22 passed by JMFC Raipur Dist Raipur(C.G.) in the interest of justice.”

3. Prosecution story in brief is that the marriage between the petitioner No.5 Faiyaj and the respondent No.5 was solemnized on 28.03.2018 at Birgaon, Raipur according to Muslim customs, after which the respondent No.5 proceeded to her matrimonial home in Jharkhand. It has been alleged that on the very next day of the marriage, upon inspecting the gifts brought by the parents and relatives of the respondent No.5, her mother-in-law, jethani and nanad commented adversely on the quality of the gift articles, which according to the complainant caused her humiliation. The FIR further alleges that after five days, when the family members of the respondent No.5 visited the matrimonial home to take her for the customary Naroj ceremony, the in- laws again complained about insufficient and low-quality gift articles, causing mental agony to her mother and brother. It is further alleged that upon returning to the matrimonial home after 3-4 days from her parental house, the in-laws started claiming that she and her family did not accord them proper respect during the visit, due to which the respondent No.5 was subjected to mental harassment and her personal belongings were taken away by the mother-in-law, jethani and nanad, who also allegedly forbade her from entering the kitchen or cooking food. It is alleged that whenever she performed household work, she was beaten by the said relatives, leading to ill-heal

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