2026:CGHC:16073-DB Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWAL Date:

2026.04.09

10:4 9:23 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 376 of 2026

1 - Vinay Kumar Yadav S/o Jayprakash Yadav Aged About 34 Years R/o Behind Tahrauli Vegetable Market, Near Jio Tower, P.S. Tahrauli, District Jhansi (Uttar Pradesh)

2 - Devendra Kumari Yadav W/o Jayprakash Yadav Aged About 55 Years R/o Behind Tahrauli Vegetable Market, Near Jio Tower, P.S.

Tahrauli, District Jhansi (Uttar Pradesh)

3 - Jayprakash Yadav S/o Late Raghuveer Yadav Aged About 60 Years R/o Behind Tahrauli Vegetable Market, Near Jio Tower, P.S. Tahrauli, District Jhansi (Uttar Pradesh)

... Petitioner(s)

versus

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

2 - Smt. Deepika Yadav W/o Vinay Kumar Yadav Aged About 31 Years R/o Behind Tpp School, Jai Stambh Chowk, Purena Bhilai 3, Police Station Purani Bhilai, District Durg (C.G.)

... Respondent(s)

For Petitioner : Dr. Arham Siddiqui, Advocate For Respondent No. 2 : Ms. Shubhangi Varshney, Advocate Division Bench:

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

Order on Board

Per Ramesh Sinha, Chief Justice

08 .04.2026

1. Heard Dr. Arham Siddiqui, learned counsel for the petitioners as well as Ms. Shubhangi Varshney, 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 :-

“(i). To kindly be pleased to quash the FIR dated 15-09- 2025 bearing Crime No. 59/2025 registered at P.S. Mahila Thana, District Durg (C.G) against the petitioners, for the offences under section 498-A, 34 of the IPC (ii). To kindly be pleased to quash the impugned final report bearing no. 66/2025 dated 30-10-2025 filed against the petitioners under sections 498-A, 34 of the IPC in Crime No. 59/2025 (Annexure P-1)

(iii)To kindly be pleased to quash the impugned order dated 31-10-2025 (Annexure P-2) whereby the learned Judicial Magistrate First Class, Durg (C.G) has taken cognizance of the impugned chargesheet and registered the impugned criminal proceedings as Criminal Case No.

RCC/34782/2025 (iv). of To kindly be pleased to quash the entire criminal the Criminal Case No. proceedings RCC/34782/2025 pending before the learned Judicial Magistrate First Class, Durg (C.G)

(v). And to kindly grant any other relief to the petitioners as this Hon'ble court may deem fit in the facts and circumstances of the present case”

3. The present case arises out of matrimonial dispute between Petitioner No.1 (husband) and Respondent No.2 (wife), who were married on 22.02.2015 as per Hindu rites. As per the prosecution case, the respondent No.2 stayed at the matrimonial home only for a short period and thereafter resided mostly at her parental home to complete her education from 2015 to 2019, visiting occasionally. She later took up employment as a Guest Teacher at Chhatarpur and subsequently shifted to Datia, where she resided separately, while the petitioner could only stay with her intermittently due to his family obligations. Differences arose between the parties on account of living arrangements, and it is alleged that in April 2022, she left the matrimonial home with jewellery and valuables and refused to return despite reconciliation efforts. Subsequently, the petitioner No.1 filed a divorce petition on 16.05.2025, which is pending, and thereafter the respondent No.2 lodged a complaint on 23.07.2025, leading to registration of FIR dated 15.09.2025 under Sections 498-A and 34 IPC and filing of the impugned charge-sheet.

4. Learned counsel for the petitioners submits that the impugned FIR and consequential proceedings are nothing but a gross abuse of the process of law, as the same have been initiated with mala fide intent after the petitioner No.1 filed a petition under Section 13 of the Hindu Marriage Act seeking dissolution of marriage. A bare

perusal of the FIR would