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2026 Supreme(Online)(Chh) 11306

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Ajay Pratap Singh – Appellant
Versus
State of Chhattisgarh – Respondent
CRMP No. 673 of 2026

Advocates:
For the Petitioners: Madhunisha Singh
For the Respondents: Anusha Naik, Arvind Prasad

Vague, omnibus, and inherently inconsistent allegations lacking specific instances of cruelty or dowry demand do not constitute a prima facie offence under Section 85, 3(5) BNS, warranting quashing of criminal proceedings as an abuse of process of law.

Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 85 and 3(5) - Indian Penal Code, 1860 - Section 498A - Quashing of FIR and criminal proceedings - Allegations of cruelty and dowry demand by wife against husband and in-laws - No specific instances, dates, or overt acts disclosed - Allegations are general, omnibus, and inherently inconsistent - Delay and absence of proximate incident preceding FIR - FIR and charge sheet do not disclose prima facie offence - Case covered by Categories 1, 3 and 7 of Bhajan Lal principles - Continuation of proceedings amounts to abuse of process of law - FIR, charge-sheet, cognizance order, framing of charge and all consequential proceedings quashed. (Paras 23, 24, 25)

(B) Criminal Procedure - Quashing of proceedings - Scope of interference under Section 482 CrPC/528 BNSS - Courts must exercise power sparingly and in rarest of rare cases - Principles laid down in State of Haryana v. Bhajan Lal (1992 Supp (1) SCC 335) enumerated. (Paras 8, 10)

Facts of the case:
Marriage between petitioner No.1 and respondent No.2 was solemnized on 12.05.2017. Respondent No.2 filed complaint on 03.06.2025 alleging physical and mental cruelty and demand of money, gold and vehicle as dowry by petitioners. FIR No. 358/2025 registered under Sections 85, 3(5) BNS, charge-sheet filed, cognizance taken and charges framed. Petitioners sought quashing of FIR, charge-sheet and all consequential proceedings.

Findings of Court:
Allegations in FIR and statements in charge sheet are general, omnibus and lack specific particulars. No specific allegation made against petitioners to constitute cruelty within meaning of Section 85, 3(5) of BNS. No prima facie offence made out. Continuation of criminal proceedings would amount to abuse of process of law.

Issues: Whether allegations in FIR and charge sheet, taken at face value, disclose prima facie offence under Sections 85, 3(5) of BNS against petitioners - Whether criminal proceedings are liable to be quashed being an abuse of process of law.

Ratio Decidendi: Where allegations in FIR and charge sheet are bald, omnibus, inherently inconsistent and lack specific instances of cruelty or dowry demand, no prima facie offence is made out and continuation of proceedings would amount to abuse of process of law necessitating quashment under Section 482 CrPC/528 BNSS in light of Bhajan Lal principles.

Result: Petition allowed. FIR, charge-sheet, cognizance order, framing of charge and all consequential proceedings quashed.

Table of Content
1. matter referred to mediation did not settle due to absence of complainant. (Para 1 , 2)
2. prayers sought in petition for quashing fir, charge-sheet, cognizance order, framing of charge and consequential proceedings under bns. (Para 3)
3. facts of marriage, complaint of cruelty and dowry demand, registration of fir, investigation, charge-sheet and pending criminal case. (Para 4)
4. petitioners’ submission that allegations are omnibus, vague, lack essential ingredients of offence, and prosecution amounts to abuse of process. (Para 5)
5. state’s submission that prima facie case exists requiring trial and defence cannot be ground for quashment at threshold. (Para 6)
6. scope of interference under section 482 crpc/528 bnss and article 226/227 to quash proceedings and categories enumerated in bhajan lal case. (Para 8 , 9 , 10 , 11)
7. ingredients of offence under section 498a ipc/section 85 bns requiring specific cruelty or harassment for unlawful demand. (Para 12 , 13 , 14 , 15)
8. case laws holding delay in fir, omnibus allegations against relatives without specific instances warrant quashing of proceedings under category 7 of bhajan lal. (Para 16 , 17 , 18 , 19 , 20)
9. application of legal principles to present case: allegations are general, omnibus, inconsistent, no prima facie offence made out, proceedings amount to abuse of process. (Para 21 , 22 , 23 , 24)
10. final order quashing fir, charge-sheet, cognizance, framing of charge and all consequential proceedings; refund of mediation deposit; no costs. (Para 25 , 26 , 27)

(Cause title taken from Case Information System)

Order on Board

1. Vide order dated 10.03.2026 this Court referred the matter for mediation. As per the report dated 17.03.2026, the petitioner No.1 has deposited Rs.50,000/- with the Mediation Center and as per the report of Mediation Center dated 10.04.2026, the case/matter is not settled due to absence of the complainant.

2. Heard Ms. Madhunisha Singh, learned counsel for the petitioners. Also heard Ms. Anusha Naik, Deputy Govt. Advocate for respondent No.1/State and Mr. Arvind Prasad, learned counsel for respondent No.2.

3. The present petition has been filed seeking the following relief(s)-

“A. That the Hon'ble High Court may kindly be pleased to allow this petition and Kindly be pleased to quash the chargesheet bearing no 438/2025 dated 21.09.2025 (Annexure P/1) under Section 85 and 3(5) of B.N.S 2023 in FIR No 358/2025 Dated 03/06/2025 filed by P.S- Bemetra Chhattisgarh Filed against the Petitioners.

B. That, this Hon'ble Court may kindly be pleased to quash order dated 10.10.2025 (Annexure P/2) taking cognizance of the Final Report No. 438/2025 dated 21.09.2025. (Annexure P/2)

C. That, this Hon'ble Court may kindly be pleased to quash order dated 28.01.2026 passed by learned Judicial Magistrate First Class Bemetra, District- Bemetra the framing of charge vide impugned order framing Charge under Section 85 and 3(5) of the B.N.S 2023 against petitioners (Annexure P/3)

D. That, this Hon'ble Court may kindly be pleased to quash consequential criminal proceedings initiated in criminal case no. 6241/2025 pending before Judicial Magistrate First Class Chhattisgarh against the Bemetra ,District- Bemetra against the petitioners for the offence under section 85 and 3(5) of the B.N.S 2023 in exercise of powers under section 528 of the BNSS, in the interest of Justice.

E. Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the Petitioners, in the interest of Justice.”

4. The facts of the case in nutshell is that, the marriage between petitioner No 1. and respondent No.2 was solemnized on 12.05.2017 at District Bemetara according to Hindu customs and rituals. After the marriage the complainant started residing in her matrimonial home along with the accused persons (petitioners). The couple was blessed with a daughter on 19.08.2018. On 03.06.2025 respondent No.2 filed a complaint allegi

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2026 Supreme(Online)(Chh) 11306

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURRamesh Sinha, CJ, Ravindra Kumar Agrawal, JAjay Pratap Singh – AppellantVersusState of Chhattisgarh – RespondentCRMP No. 673 of 2026

Vague, omnibus, and inherently inconsistent allegations lacking specific instances of cruelty or dowry demand do not constitute a prima facie offence under Section 85, 3(5) BNS, warranting quashing of criminal proceedings as an abuse of process of law.

Cases Referred (7)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Ajay Pratap Singh – Appellant
Versus
State of Chhattisgarh – Respondent
CRMP No. 673 of 2026