2026:CGHC:16809 NAFR Digitally signed by HIGH COURT OF CHHATTISGARH AT BILASPUR BABLU B R A A B JE L N U DRA R BH AJ A E N N A D R R K A AR BHANARKARDate:

2026.04.13 18:24:53 +0530 CRMP No. 1003 of 2021

1 - Sanjay Singh S/o Late Sant Bahadur Singh, Aged About 36 Years House No. 5/2, Street No. 12, Maitri Kunj, Risali, Bhilai, Tahsil And District Durg Chhattisgarh

2 - Rajesh Singh, S/o Late Sant Bahadur Singh, Aged About 38 Years House No. 5/2, Street No. 12, Maitri Kunj, Risali, Bhilai, Tahsil And District Durg Chhattisgarh

3 - Smt. Preeti Singh W/o Rajesh Singh, Aged About 37 Years House No. 5/2, Street No. 12, Maitri Kunj, Risali, Bhilai, Tahsil And District Durg Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Station House Officer, P.S.

Mahila Thana, Durg, District Durg Chhattisgarh

2 - Smt. Sandhya Singh W/o Sanjay Singh Aged About 29 Years Village Jora Tarai, Post Dundera, P.S. Utai, Tahsil And District Durg Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr.M.P.S.Bhatia, Advocate For Respondent : Mr.Priyank Rathi, Government Advocate No.1/State For Respondent : Mr.Sameer Oraon, Advocate No.2 Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

13/04/2026

1. Heard Mr.M.P.S.Bhatia, learned counsel for the petitioners as well as Mr.Priyank Rathi, learned Government Advocate appearing for respondent No.1/State and Mr.Sameer Oraon, learned counsel appearing for respondent No.2.

2. By this petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed for the following relief(s):

“It is, therefore, most respectfully and humbly prayed that the Hon'ble High Court may most kindly be pleased to allow the petition and may quash the impugned FIR dated 03.08.2021 (Ann, A-11) registered as Crime No. 64/2021 lodged at P.S. Mahila Thana, Durg District Durg by the complainant/respondent No. 2 against the applicants u/S. 498-A/34 of IPC and its consequences, in the interest of justice.”

3. The facts, in brief, as projected by the petitioners are that the marriage between petitioner No. 1 and respondent No. 2 was solemnized on 28.04.2016 at Bhilai as per Hindu rites. Petitioner Nos. 2 and 3 are the elder brother and sister-in-law of petitioner No. 1. Soon after marriage, respondent No. 2 behaved cruelly and left the matrimonial home on 02.06.2016. She briefly returned between 25.10.2016 and 11.11.2016. Thus, she stayed with petitioner No. 1 for less than two months in total. On 11.02.2017, respondent No. 2 visited petitioner No. 1’s workplace in Delhi without intimation, causing mental stress. Due to her conduct, petitioner No. 1 suffered psychiatric illness and was hospitalized from 21.05.2017 to 16.06.2017. Since then, the parties have been living separately. Petitioner No.1 filed a petition for divorce under Section 13 of the Hindu Marriage Act in 2018. During counseling proceedings in 2018, respondent No. 2 admitted the dispute, expressed unwillingness to live with petitioner No. 1, and a settlement for mutual divorce with payment of ₹5,00,000 was arrived at. However, she failed to honor the settlement. In her written statement, respondent No. 2 did not deny that she had been living separately since May 2017. Despite this, respondent No. 2 lodged an FIR dated 03.08.2021 under Section 498-A/34 IPC making false allegations, including that she resided with petitioner No. 1 till 2020, which is contrary to records and her earlier statements. The petition filed by petitioner No.1 under Section 13 of the Hindu Marriage Act in 2018 was allowed by the Second Additional Principal Judge, Family Court, Durg in Civil Suit No.355/2018 and decree of divorce was granted in favour of petitioner No.1 vide judgment and decree dated 17.01.2022 on the ground of cruelty committed by respondent No.2. As such, the FIR is false, malicious, and filed with the intent to harass the applicants amid ongoing matrimonial litigation and continu