2026:CGHC:15522-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2922 of 2025

1 - Hemant Kumar S/o Devachand Das Aged About 36 Years R/o Village Kanya Parisar Road Behind Dayanidhi Hopital Bishunpur P.S Gandhinagar, Distt. Surguja (C.G.)

2 - Smt. Vimla W/o Devchand Das Aged About 58 Years R/o Village Kanya Parisar Road Behind Dayanidhi Hopital Bishunpur P.S Gandhinagar, Distt.

Surguja (C.G.)

3 - Devchand Das S/o Late Dhannu Das Aged About 63 Years R/o Village Kanya Parisar Road Behind Dayanidhi Hopital Bishunpur P.S Gandhinagar, Distt. Surguja (C.G.)

4 - Yamini Das W/o Sirjan Das Aged About 37 Years R/o Village Kanya Parisar Road Behind Dayanidhi Hopital Bishunpur P.S Gandhinagar, Distt.

Surguja (C.G.)

5 - Smt. Dipti Das D/o Devchand Das Aged About 30 Years R/o Village Kanya Parisar Road Behind Dayanidhi Hopital Bishunpur P.S Gandhinagar, Distt.

Surguja (C.G.)

6 - Shashank Das S/o Devchand Das Aged About 30 Years R/o Village Kanya VED Parisar Road Behind Dayanidhi Hopital Bishunpur P.S Gandhinagar, Distt.

PRAKASH DEWANGAN Surguja (C.G.)

... Petitioners Digitally signed

by VED

PRAKASH

DEWANGAN versus

Date: 2026.04.09

1 - State Of Chhattisgarh Through The Sho, Police Station- Sitapur, Ambikapur, Distt. Surguja (C.G.)

2 - Smt. Gulabi Das W/o Hemant Kumar Aged About 36 Years R/o Village-

Amatoli, Police Station- Sitapur, Distt.- Surguja (C.G.)

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

For Petitioners : Mr. Sanjay Pathak, Advocate For Respondent No.1/State : Mr. Shailendra Sharma, Panel Lawyer For Respondent No. 2 : Mr. Nishi Kant Sinha, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

06/04/2026

1. Heard Mr. Sanjay Pathak, learned counsel for the petitioners as well as Mr. Shailendra Sharma, learned Panel Lawyer for the respondent No.1/State and Mr. Nishi Kant Sinha, learned counsel for Respondent No.2/complainant.

2. The present petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners with the following prayer:

“I. That, the Hon'ble Court may kindly be pleased to allow the instant petition under section 528 of BNSS 2023 filed by the petitioners.

II. That, the Hon'ble Court may kindly be pleased to quash the FIR bearing Crime No. 349/2024 registered on dated 01.12.2024 at Police Station - Sitapur, Distt. Surguja (C.G.) for the offence under section 85, 296, 115(2) of BNS.

III. That, the Hon'ble Court may kindly be pleased to quash entire charge sheet filed on dated 05.07.2025 before the learned Judicial Magistrate First Class, Sitapur, Distt. Surguja (C.G.) (Annexure P-1) under section 85, 296, 115(2) of BNS.

IV. That, the Hon'ble Court may kindly be pleased to quash the impugned order dated 05.07.2025 (Annexure P-2) whereby the learned Judicial Magistrate First Class, Sitapur, Distt. Surguja (C.G.) has taken cognizance of the impugned charge sheet and registered the impugned criminal proceeding as Criminal Case No.

1458/2025 against the petitioners.”

3. The present case arises out of a matrimonial dispute between Petitioner No.1 (husband) and Respondent No.2/complainant (wife), whose marriage was solemnized on 12.06.2023 as per Hindu rites and customs, and out of the wedlock, one male child was born. As per the prosecution case, the respondent No.2 initially resided at her matrimonial home and the relations between the parties remained cordial for a brief period of about three months; however, thereafter, allegations have been made regarding change in behaviour of the petitioners and demand of dowry in the form of an air-conditioner, coupled with mental and physical harassment. On the basis of such allegations, the respondent No.2 lodged a written report on 01.12.2024 at Police Station Sitapur, District Surguja, leading to registration of FIR bearing Crime No. 349/2024 for the offences punishable under Sections 115(2), 296 and 85 of the B.N.S. Upon completion of investigation, the police file