Order on Board

Per Ramesh Sinha, Chief Justice

30/04/2026

1. Heard, Mr. Sudhanshu Kumar Singh, learned counsel appearing for the petitioners along with well as Mr. Saumya Rai, learned Deputy Govt. Advocate for the respondent No.1/State and Mr. Sandeep Jha, learned counsel for the respondent No.2.

2. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of FIR No. 87/2023 registered at Police Station Mahila Thana, Durg, District Durg (C.G.) for the offence punishable under Section 498-A/34 of the IPC, along with the final report/charge-sheet arising therefrom and the entire criminal proceedings pending in Criminal Case No. 10753/2023 before the Court of learned Judicial Magistrate First Class, Durg.

3. During the pendency of the petition, the matter was referred to mediation; however, the mediation proceedings have failed and no amicable settlement could be arrived at between the parties.

4. The petitioners have filed the present petition seeking for the following prayer:

“It is therefore most respectfully prayed that this Hon’ble Court may kindly be pleased to allow the petition and quash impugned FIR No. 87/2023 and final report no. 84/2023 followed by FIR no. 87/2023 and if any entire criminal proceedings pending in Criminal Case No. 10753/2023 before the learned Judicial Magistrate First Class, Durg, District-Durg (C.G.) for the offence punishable under Section 498-A/34 of IPC against the petitioners, in the interest of justice accordingly.”

5. As per the case of the petitioners, the marriage between petitioner No.1 and respondent No.2 was solemnized on 07.05.2017 in accordance with Hindu rites and rituals, and out of their wedlock, a child was born on 18.02.2023. It is averred that after initial cordial relations, the conduct of respondent No.2 allegedly changed and she started quarreling with the petitioners and eventually left the matrimonial home to reside at her parental house. Despite efforts made by petitioner No.1 to bring her back, she refused to resume cohabitation and thereafter lodged a written complaint before Mahila Thana, Durg, on the basis of which FIR No. 87/2023 was registered against the petitioners for the offence under Section 498-A/34 of the IPC. During the course of investigation, statements of witnesses were recorded and upon completion thereof, the police filed the charge-sheet before the competent Court, leading to initiation of Criminal Case No. 10753/2023, which is under challenge in the present petition.

6. Learned counsel for the petitioners submits that the impugned FIR and the consequential charge-sheet are nothing but an abuse of the process of law, as the allegations levelled therein are vague, omnibus and do not disclose any specific instance of cruelty or unlawful demand of dowry against the petitioners. It is contended that the dispute between petitioner No.1 and respondent No.2 is purely matrimonial in nature arising out of temperamental differences, which has been given a criminal colour by implicating all the family members without any cogent material. It is further submitted that the petitioners have never subjected respondent No.2 to any cruelty and, in fact, efforts were made by petitioner No.1 to bring her back to the matrimonial home, but she refused to cohabit. Learned counsel would argue that even if the entire allegations made in the FIR are taken at their face value, no offence under Section 498-A/34 of the IPC is made out against the petitioners, and continuation of the criminal proceedings would amount to misuse of the judicial process. Hence, it is prayed that this Court, in exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, may be pleased to quash the impugned FIR, charge-sheet and all consequential proceedings.

7. Learned counsel for the respondent No.1/State submits that the present petition is devoid of merit and is liable to be dismissed at