Devesh Kumar Dwivedi (Wrongly Typed as Devesh Dwivedi) Vs State of Chhattisgarh

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2025:CGHC:35680-DB

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Digitally
signed by
JYOTI
JYOTI SHARMA
SHARMA Date:
2025.07.25
10:36:28
+0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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NAFR

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CRMP No. 1295 of 2025

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Devesh Kumar Dwivedi (Wrongly Typed As Devesh Dwivedi) S/o Dinesh Prasad Dwivedi (Wrongly Typed As Dinesh Dwivedi) Aged About 35 Years R/o 75/1, Ward No. 3, Harri Railway Station Road, Village And Post Lalpur, Tehsil Pendraroad, Gaurela, District Gaurela-PendraMarwahi Chhattisgarh (Husband Of Complainant)

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... Petitioner(s)

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versus

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1 State Of Chhattisgarh Through Incharge Of Police Station Police Station Bodhghat, Bastar, District Bastar Chhattisgarh

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2 Smt. Akanksha Mishra Dwivedi W/o Devesh Dwivedi Aged About 32 Years R/o Lalpur, Pendra, Police Station Gaurela, District GaurelaPendra-Marwahi Chhattisgarh At Present R/o Rajeev Gandhi Ward, Akash Nagar, Fragerpur, Jagdalpur, District Jagdalpur Chhattisgarh (Complainant)

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... Respondent(s)

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(Cause title taken from CIS)

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For Petitioner(s) : Mr. Manoj Paranjpe, Advocate For Respondent /State : Mr. Sakib Ahmed, P.L. For Respondent No. 2 : Mr. Pravin K. Tulsyan, Advocate

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Hon'ble Shri Ramesh Sinha, Chief Justice

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Hon'ble Shri Bibhu Datta Guru, Judge

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Order on Board

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2

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Per Ramesh Sinha, Chief Justice

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24/07/2025

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Heard Mr. Manoj Paranjpe, learned counsel for the petitioner and also Mr. Sakib Ahmed , P.L. for the State and Mr. Pravin K. Tulsyan, learned counsel for the respondent No.2.

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The instant CRMP has been filed under Section 482 of the Cr.P.C with the following prayer:-

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i. That, the Hon'ble Court may kindly be pleased to allow the instant petition under section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, filed by the petitioner.

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ii. That, the Hon'ble Court may kindly be pleased to quash the F.I.R. dated 22.08.2024 bearing No. 347/2024 registered at Police Station Bodhghat Bastar, District Bastar (C.G.) against the petitioner who is husband of the complainant, for the offences punishable under Section Sections 296, 351(2) and 332 of the Bharatiya Nyaya Sanhita, 2023.

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iii. That, the Hon'ble Court may kindly be pleased to quash the impugned final report bearing No. 302/2024, dated 12.09.2024 before Chief Judicial Magistrate, Bastar Jagdalpur, District Bastar (C.G.) filed against the petitioner under Section Sections 296, 351(2) and 332(C) of the Bharatiya Nyaya Sanhita.

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iv. That, the Hon'ble Court may kindly be pleased to quash impugned order dated 22.11.2024, passed in Criminal Case No. 3622/2024, whereby the learned Chief Judicial Magistrate, Bastar

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Jagdalpur, District Bastar (C.G.), has taken cognizance of the impugned chargesheet bearing No. 302/2024, dated 12.09.2024 and registered the impugned criminal proceedings of Criminal Case No. 3622/2024 (State of Chhattisgarh v. Devesh Dwivedi), pending before Chief Judicial Magistrate, Bastar Jagdalpur, District Bastar (C.G.).

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v. And to kindly grant any other relief to the petitioner as this Hon'ble Court may deem fit and proper in facts and circumstances of the case, may also be granted to the petitioner.

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The facts of the case in brief is that an F.I.R. of the incident was lodged on 22.08.2024, in respect of the incident alleged to have been occurred on 10.08.2024, at Police Station Bodhghat at the instance of the respondent No. 2/wife of the petitioner stating that the petitioner abused the complainant in the name of mother and sister on every sentence and because of the said act of the petitioner, she was scared and at the time of the incident only three women were in the house, i.e. complainant, her mother and sister-in-law. It is further stated that due to the incident she got scared and went out of her house for some days, and after 2-3 days back she returned back to the house and took advice from the others and came to lodge a FIR, and stated that if anything happens to any of her paternal family member, her husband Devesh Dwivedi will be responsible for it. The complaint has been made under Section 296, 351(2) and 332 of Bharatiya Nyaya Sanhita, 2023. The police after investigation filed the charge sheet

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before Chief Judicial Magistrate Jagdalpur Bastar and the Magistrate has accepted the charge sheet and taken cognizance on the charge sheet on 22.11.2024.

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Learned counsel for the petitioner submits that the complainant/ respondent No. 2 and the present petitioner are husband and wife and their marriage was solemnized on 16.02.2020. He further submits that the complaint has been lodged on 22.08.2024 whereas the incident is said to be of 10.08.2024 and the delay of 12 days is not acceptable and it only shows the ill intention of the wife. He further submits that at the time of the incident the petitioner was present at police station with his family member and as such the present FIR is abuse of law. Therefore, he prays for quashment of the FIR, final report and further proceedings.

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Per Contra, learned State counsel oppose the submission made by the learned counsel for the petitioner. He would submit that in the case in hand the charge sheet has also been filed and the matter requires investigation.

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We have heard learned counsel for the parties and perused the documents.

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Prima-facie, this Court found that the petitioner and respondent No. 2/ complainant are husband and wife and their marriage was solemnized on 16.02.2020. A divorce petition before the Family Court Pendra Road and a Civil Suit bearing No. Civil Suit No. 21

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of 2024 is also pending between the parties.

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Bare perusal of the FIR and final report, shows that there are allegations against the petitioner that he went to the parental house of his wife and abused them by using obscene words and also in the name of mother and sister. Further alleged by the wife in her complaint that the petitioner threatened them. Looking to the contents of final report, this Court does not find any good ground to quash the charge sheet at this stage. However, it is obligatory that the trial be brought to a logical end expeditiously.

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Accordingly, the present CRMP is dismissed, at motion stage.

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Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice

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Jyoti/ $ Bhilwar

Devesh Kumar Dwivedi (Wrongly Typed as Devesh Dwivedi) v. State of Chhattisgarh

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Devesh Kumar Dwivedi (Wrongly Typed as Devesh Dwivedi) v. State of Chhattisgarh

Case brief

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