Order on Board

Per Ramesh Sinha, Chief Justice

15/05/2026

1. Heard Mr.Ravindra Sharma, learned counsel for the petitioners as well as Mr.Shailendra Sharma, learned Panel Lawyer appearing for respondent No.1/State and Mr. Raghvendra Pradhan and Mr.Shikhar Sharma, learned counsel appearing for respondent No.2.

2. By this petition under Section 528 of the BNSS, the petitioners have prayed for the following relief(s):

“It is therefore prayed that this Hon'ble Court may kindly be pleased to allow the Criminal Miscellaneous Petition and may kindly be pleased to quash the First Information Report No. 19/2025 registered for the offence punishable U/s 498-A, 323, 354, 34 of I.P.C. at P.S. Rajadevri on 30.03.2025, Charge Sheets No. 21/2025 filed for the offence punishable U/s 498-A, 323, 354, 406, 354 (A), 34 of I.P.C. on 22.05.2025, The Cognizance order dated 23.01.2026, order of framing of charges dated 23.01.2026 whereby the charges for the offences punishable U/s 498 A, 323, 406 R/w 34 of I.P.C. has been framed against the petitioner No. 01, 03 & 04 while charges U/s 498A, 323, 406 R/w 34, 354 and 354 (a) (1) of I.P.C. has been framed against the petitioner No. 02 and charges U/s 498A, 323, 406 R/w 34 and 354 (a) (1) of I.P.C. framed against the petitioner No. 05 and consequential proceeding of Criminal Case No. 1261/2025 pending before learned Judicial Magistrate First Class Kasdol, Dist- Balodabzar-Bhatapara (C.G.), in the interest of justice.”

3. As per the prosecution story, the complainant/respondent No.2 lodged a written complaint on 20.12.2024 stating that her marriage with petitioner No. 1, Vivekanand Bhoi, was solemnized on 25.06.2023 at village Bhaleshwar, Nuapada (Odisha) as per Hindu rites and customs. It is alleged that from the inception of marriage, the petitioners, including her husband and in-laws, subjected her to harassment on account of dowry demands. It is further alleged that although her father had given household articles and a motorcycle as per his capacity, the petitioners later demanded a car and Rs. 40,00,000/- for purchase of a house in Mumbai, and continued to harass and torture her physically and mentally for non-fulfilment of the said demands.

4. On the basis of the said complaint, Police Station Rajadeori registered FIR No. 19/2025 on 30.03.2025 for offences under Sections 498-A, 323, 354, and 34 of the IPC. After investigation, charge-sheet No. 21/2025 was filed on 22.05.2025 under Sections 498-A, 323, 354(a), 406, and 34 of the IPC. The learned Trial Court thereafter registered Criminal Case No. 1261/2025 on 23.01.2026, took cognizance on the same day, and framed charges against the petitioners.

5. The petitioners comprise petitioner No. 1, the husband; petitioner No. 2, the father-in-law; petitioner No. 3, the mother-in-law; petitioner No. 4, the married sister-in-law residing separately in her matrimonial home; and petitioner No. 5, the brother-in-law of the complainant/respondent No.2. It is the case of the petitioners that petitioner No. 1 was earlier working as Deputy Manager in Kotak Mahindra Bank, Mumbai, but has since resigned and is currently seeking employment. It is further stated that a complaint was made before the Chairman of the community, where both parties were present, and a meeting was held on 13.11.2024. In the said meeting, a settlement amount of Rs. 8,01,100/- was fixed. Initially the parties lived peacefully, including a visit to Mumbai on 24.02.2024; however, thereafter disputes arose and the complainant allegedly started insisting on separate residence, leading to the present proceedings.

6. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. It is contended that no offence as alleged by the complainant/respondent No.2 is made out against them, and that they have neither subjected her to any physical or mental cruelty nor made any dowry demand. It is further subm