2025:CGHC:14555-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR INDRAJEET SAHU Date: 2025.03.27

18:14:03 +0530 CRMP No. 534 of 2025

1 - Yogesh Kumar Sen S/o Rohit Kumar Sen Aged About 31 Years R/o Plot No. 247/60, Matrichhaya, Mali Basti, Sundar Nagar, Borsi, District Durg, Chhattisgarh.

2 - Rukhmani Bai Sen W/o Rohit Kumar Sen Aged About 58 Years R/o Plot No. 247/60, Matrichhaya, Mali Basti, Sundar Nagar, Borsi, District Durg, Chhattisgarh

3 - Sheetal Shriwas W/o Vikas Shriwas Aged About 33 Years R/o Q.No.

C/154, Isro Staff Quarter Palalithura, Post Thiruvananthapuram, Keral ... Petitioner(s)

versus

1 - State of Chhattisgarh Through District Magistrate Raipur, District Raipur, Chhattisgarh.

2 - Ritu Shriwas Sen W/o Yogesh Kumar Sen Aged About 28 Years R/o X-16, Empresia Earth, E-3, Dunda, Kandul, Raipur, District Raipur, Chhattisgarh.

(Complainant).

... Respondent(s)

For Petitioners : Shri Ali Afzal Mirza, Advocate.

For State : Shri Shakib Ahmed, Panel Lawyer.

For Respondent No.2 : Shri Chitendra Singh, Advocate.

Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

26.03.2025 Per, Ramesh Sinha, CJ .

1 The present petition under Section 528 of BNSS, 2023 has been filed by the petitioners against the order dated 14.11.2024 passed by the IXth Additional Sessions Judge, Raipur in Criminal Revision No.246 of 2024 whereby his revision was rejected affirming the order framing charge dated 28.03.2024 passed by the Judicial Magistrate First Class, Raipur (in short, JMFC) in Criminal Case No.8553/2023. The petitioners are also seeking quashment of FIR/Crime No.09/2023 registered against the petitioners at Mahila Thana, Raipur, and to quash the subsequent proceedings in Criminal Case No.8553 of 2023 pending before JMFC, Raipur.

2 The case of the prosecution, in brief, is that the petitioner No. 1 is the husband of the respondent No. 2/complainant whose marriage was solemnized on 19.04.2022 as per their rites and rituals. The petitioner No. 2 & 3 are mother-in-law and sister in law of the complainant/ respondent No.2. It is alleged that after some time of marriage, the petitioners started harassing the complainant on demand of dowry. She was compelled to do the entire household works and repeatedly pressurized her to bring cash amount from her parents. Because of all these reasons she left the matrimonial house and started living with her parents and lodged a written complaint against the petitioners. On the basis of said complaint, the Police registered an FIR of Crime No.09/2023 for the offence under Section 498-A/34 and 377 IPC at Mahila Thana, Raipur and after due investigation charge sheet has been filed before the JMFC, Raipur where Criminal Case No.8553 of

2023 is pending consideration.

3 Learned counsel for the petitioners would submit that the complainant herself left the home without any reason as she was not interested to reside with the petitioners. She has raised allegations which are trivial in nature and the same are insufficient to support the allegation of harassment and cruelty for demand of dowry. The allegations levelled by the complainant is afterthought and a false case has been registered against them. Therefore, FIR No.09/2023 registered at Mahila Thana, Raipur, the order framing charge against the petitioners for the offence under Section 498-A/34, 377 IPC and consequential proceedings of Criminal Case No.8553 of 2023 pending before JMFC, Raipur, may be quashed.

4 He would rely upon the judgments of the Supreme Court in the matters

of Geeta Mehrotra and another v. State of Uttar Pradesh and another ¹ , Preeti Gupta and another v. State of Jharkhand and another ² , Swapnil v. State of Madhya Pradesh, (2014) 13 SCC 567 , Rashmi Chopra v. State of Uttar Pradesh and Another⁴ (Para-24), Rajesh Sharma and others v. State of Uttar Pradesh and Another ⁵ , Kahkashan Kausar alias Sonam and others v. State of Bihar and others ⁶ and Abhishek v. State of Madhya Pradesh ⁷ .

5 On the other hand, learne