Order on Board

Per, Ramesh Sinha, C.J.

05/05/2026

1. Vide order dated 21.04.2026 this Court referred the matter for mediation. As per the report dated 28.04.2026, the petitioner No.1 has deposited Rs.50,000/- with the Mediation Center and as per the report of Mediation Center dated 28.04.2026, the mediation between the parties have failed.

2. Heard Mr. Vaibhav P. Shukla, learned counsel for the Petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the respondent No.1/State and Ms. Rajani Soren, learned counsel for Respondent No.2.

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

(a) To quash the order taking cognizance i.e. 09/03/2026 against the Petitioners under Section 85 and 3 (5) of Bhartiya Nyay Sanhita, 2023 passed by Judicial Magistrate First Class, Korba (C.G.) in Criminal Case 1379 / 2026.

(b) To quash the Criminal Case No.1379/2026 pending before the Judicial Magistrate First Class, Korba, Chhattisgarh State Vs. Tej Prakash Khnute & Others in connection with crime No.91/2026 registered by Police Station Balco, Korba (C.G.).

(c) To quash the Final Report No.88/2026 dated 08/03/2026 which is filed before Judicial Magistrate First Class, Korba against the Petitioners in connection with crime No.91/2026 registered by Police Station Balco Nagar, Korba on 17/02/2026.

(d) Pass any other further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.

4. The brief facts of this case as projected by the petitioners are that the Petitioner No. 1 is Husband of the Complainant (Respondent No. 2), Petitioner No. 2 is Father in Law and Petitioner No. 3 is Mother in law of the Complainant (Respondent No. 2). The allegations made by the Complainant (Respondent No. 2) in F.I.R. are that the marriage between Complainant and Petitioner No. 1 (Husband) was solemnized on 16/02/2023 as per the rituals of their society. Prior to their marriage, the Petitioner No. 1 got to know about savings of Rs. 5,00,000/- in the bank account of complainant and asked her to give the amount to him. The complainant refused to give him the amount stating that the amount is saved for her marriage by her parents. The Petitioner No. 1 refused to marry with complainant just day before their marriage and after many efforts he agreed to marry her. Petitioners started harassing the complainant for dowry after one month of marriage i.e. 16/03/2023. Complainant tried to commit suicide after being harassed by Petitioners. Petitioners came to house of complainant and asked her not to record her statement before Police Station Darri about the attempt to suicide incident and told her that Petitioners will take good care of her. Upon that assurance, complainant went to the house of Petitioners and lived for 2 months there. Again Petitioners started harassing the complainant and left her to her parental house at Rugmada.

5. It is further alleged in the F.I.R. that the complainant lodged a complaint before Mahila Paramarsh Kendra, Korba. A compromise was done and Petitioner No. 1 took complainant to his home. They lived well for 2-3 months but again Petitioner No. 1 started harassing the complainant for demand of Rs. 5,00,000/- cash, car and more things as dowry. He again sent her to her parental house and she lived in her parental house for 8-9 months. Thereafter she lodged a complaint before Mahila Thana Sakti and again a compromise was done between them. The Petitioner No. 1 took her to his home and she started a job at a private Hospital in Shivrinarayan. Whenever the complainant goes to the house of Petitioner No. 1, he checks her mobile, whatsapp messages, calls and accounts. Petitioners No. 1 also made allegation upon her that she is having illicit relation with a doctor. On 14/04/2025 the Petitioner No. 1 left the complainant at Shivrinarayan. Due to harassment of Petitioner No. 1, the complainant left her job. On 18/12/2025 the Petitioner N