Order on Board

Per Ramesh Sinha, C. J.

Since both the petitions arise out of the same FIR, involve identical and interconnected questions of fact and law and challenge the consequential criminal proceedings emanating therefrom, with consent of learned counsel appearing for the parties, both the matters were heard analogously and are being disposed of by this common order.

2. The petition (Cr.M.P.. 3567 of 2025) under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred seeking quashment of FIR bearing Crime No.213/2025 registered at Police Station Dabhara, District Sakti (C.G.) for offences punishable under Sections 64(2)(f) and 85 of the Bharatiya Nyaya Sanhita, the consequential charge-sheet, cognizance order dated 29.08.2025 passed by the learned Judicial Magistrate First Class, Dabhara in Criminal Case No.1114/2025, order of committal and the charges framed vide order dated 16.10.2025 in Sessions Case No.41/2025 pending before the Court of learned Additional Sessions Judge (F.T.C.), Sakti, District Janjgir-Champa (C.G.). The petitioners, being aggrieved by the said order has sought for the following reliefs:

1. Allow the petition and kindly be pleased to quash the FIR No. 213/2025 registered under Section 64(2)(f) and 85 of the BNS at PS Dabhara, District Sakti (CG).

2. Quash the entire charge sheet relating to Crime No. 213/2025 registered under Section 64(2) (f) and 85 of BNS and also quash the cognizance order dated 29.08.2025 taken against the petitioners by the concerned trial court in relation to the Criminal Case No. 1114/2025.

3. Quash the order dated 16.10.2025 and plea of the charges dated 16.10.2025 passed in Sessions Case No. 41/2025 in which charges have been framed against the petitioner No.1 under Section 85, 115(2) of BNS and against the petitioner No.2 under Section 85 ,64(20(f) and 351(3) of BNS and also quash the entire criminal proceedings relating to the Sessions Case No. 41/2025 pending before the Court of learned Additional Sessions Judge (FTC), Sakti, District Janjgir-Champa (CG).

4. Any other order, which this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice.”

3. The connected petition ie. (Cr.M.P. No. 1347 of 2026) under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred calling in question the legality and propriety of the order dated 24.07.2025 passed in MCRCA No.1098/2025 whereby anticipatory bail has been granted in favour of one of the accused persons. By this petition, the petitioner has sought for the following relief:

“This Hon’ble Court may kindly be pleased to allow the petition and cancel the anticipatory bail order dated 24.07.2025 (Annexure P/1) in the interest of justice.”

4. The facts, in brief, are that the marriage between Petitioner No.1 and Respondent No.2/complainant was solemnized on 06.04.2025 at Village Khairkala, P.S. & Tahsil Dabhara, District Sakti (C.G.) according to Hindu rites and customs. Prior to the aforesaid ceremonial marriage, the parties had also solemnized marriage voluntarily at Arya Samaj Mandir, Raipur on 12.02.2025. As per the prosecution case, after the marriage, the complainant was subjected to physical and mental cruelty on account of unlawful demand of dowry amounting to Rs.15,00,000/- by the accused persons and she was harassed and ill-treated at her matrimonial home.

5. It has further been alleged by the complainant that on 15.04.2025, forcible sexual intercourse was committed upon her by one of the accused persons and thereby serious offences punishable under the provisions of the Bharatiya Nyaya Sanhita were committed. On the basis of the written complaint submitted by Respondent No.2/No.2/complainant, FIR bearing Crime No.213/2025 came to be registered at Police Station Dabhara, District Sakti for the offences punishable under Sections 64(2)(f) and 85 of the Bharatiya Nyaya Sanhita.

6. Upon completion of