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AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

CRMP No. 28 of 2016

Order Reserved on : 08.07.2021

Order Delivered on :

06

.08.2021

Smt. Rachana Ghale, W/o Chaman Ghale, Aged About 33 Years,

R/o Plot No. 11, Block No. 16, Radhika Nagar, Bhilai, P.S. Supela,

Tahsil & District- Durg (C.G.)

---- Petitioner

Versus

1.

Chaman Ghale, S/o Radheshyam Ghale, Aged About 32

Years, R/o 11/12, Ispat Nagar, Risali, P.S. Newai, Tahsil &

District- Durg (C.G.)

2.

Radheshyam Ghale, S/o Late Puran Das Ghale, Aged About

55 Years.

3.

Smt. Shanti Ghale, W/o Radhe Shyam Ghale, Aged About 50

Years.

Respondent No. 2 & 3 are R/o 5/38, Ispat Nagar, Risali, P.S.

Newai, Tahsil & District- Durg (C.G.)

4.

State of Chhattisgarh, through: P.S. Newai, Bhilai Nagar,

District- Durg (C.G.)

---- Respondents

For Petitioner

:

Mr. T.K. Tiwari, Advocate

For Respondent No. 1 to 3

:

Mr. Manish Upadhyay, Adv.

For State/Res No. 4

:

Mr. Uddhav Sharma, G.A.

Hon'ble Shri Justice Narendra Kumar Vyas

CAV Order

1.

The petitioner has filed this petition under Section 482 of the

Cr.P.C. against the order dated 15.10.2015 (Annexure P/6)

passed by Judicial Magistrate First Class, Durg (C.G.) in

Complaint Case No. 5498/2015 (Smt. Rachna Ghale Vs.

Chaman Ghale), in which the learned Judicial Magistrate First

Class has recalled the order dated 20.07.2015 of registration

of complaint, rejected the application filed by complaint u/s

156(3) of Cr.P.C., further directed that application be treated

as complaint under Section 200 of Cr.PC and fixed the case

for complaint’s evidence before registration of the complaint.

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2.

The brief facts as projected by the petitioner in the complaint

as well as in the Petition are that marriage of the petitioner

was solemnized with respondent No. 1 on 07.07.2007 at

Bhilai as per Buddhist customs. After marriage, the petitioner

was residing at her matrimonial home with respondents No. 1

to 3. Just after 3 to 4 days of marriage, respondents No. 1 to 3

started causing harassment to the petitioner for demand of

dowry making false and frivolous allegations against her. The

petitioner was compelled to leave her matrimonial home and

driven out from her matrimonial home on 03.03.2008. The

Respondent No. 1 filed divorce petition before Family Court,

Durg, but the application filed by respondent No. 1 against the

petitioner was dismissed on 28.07.2008. After dismissal of the

said divorce petition, respondents No. 1 to 3 approached the

petitioner and her parents, tendered apology for their conduct

and for making false allegation and filing divorce petition.

3.

The petitioner and her family members accepted the request

of respondents No. 1 to 3 and again she was living with her

husband and in-laws, they again started causing physical and

mental torture to the petitioner between the year 2008 to 2014

many times. In the midnight of 01-02.11.2014, respondents

No. 1 to 3 again badly assaulted the petitioner as a result of

which, she sustained injuries at her head, chest and mouth.

When she was crying for her rescue, respondents No. 1 to 3

gagged her mouth forcefully by putting cloth in her mouth in

order to silent her. The petitioner called her parents on

02.11.2014, went to police station and lodged report against

respondents No. 1 to 3. Respondent No. 4 sent the petitioner

for medical examination, in which, injuries were found on her

chest and other parts of her body. In spite of the medical

examination and receiving the injury report, respondent No. 4

has not registered any offence against respondents No. 1 to 3.

4.

Learned counsel for the petitioner would submit that the

learned Judicial Magistrate First Class vide order dated

20.07.2015 registered the complaint as the report was already

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received and thereafter, issued notice for appearance of the

respondents No. 1 to 3. He would further submit that the

learned Judicial Magistrate has committed mista