Matiyas @ Matiya Vs State of Chhattisgarh

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2025:CGHC:3583-DB

NAFR

MANPREET KAUR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 240 of 2025

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Digitally signed by MANPREET KAUR Date: 2025.01.21 18:03:59 +0530

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1 - Matiyas @ Matiya S/o Late Shri Dilsay Aged About 32 Years R/o Village -Laduwa Linepara, Thana- Shankargarh, District- BalrampurRamanujganj, C.G.

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2 - Frans Ram S/o Late Shri Dilsay Aged About 32 Years R/o Village - Laduwa Linepara, Thana- Shankargarh, District- BalrampurRamanujganj, C.G.

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3 - Ranjeet Kumar Panna S/o Shri Ramdas Ram Aged About 34 Years R/o Village -Bachwar, Thana- Shankargarh, District- BalrampurRamanujganj, C.G.

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The District Magistrate Balrampur, District- Balrampur-Ramanujganj, C.G.

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2 - Smt. Sushma Ekka W/o Shri Babulal Ekka Aged About 25 Years R/o Village - Sariya, Thana- Shankargarh, District- Balrampur-Ramanujganj, C.G.

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... Respondent(s)

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For Petitioner(s) : Mr. Sunil Sahu, Advocate For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer

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2

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge

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Judgment on Board

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Per Ramesh Sinha, Chief Justice

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21.01.2025

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1. Heard Mr. Sunil Sahu, learned counsel for the petitioners. Also heard Mr. Sakib Ahmed, learned Panel Lawyer for the respondent / State.

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2. The petitioner has filed this petition with following prayer:

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“It is therefore, prayed that the instant petition May kindly be allowed and the FIR of Crime No. 81/2023 dated 17.06.2023 registered at Police Station Shankargarh, Distt.BalrampurRamanujganj with Chargesheet of Final report No. 69/2023 dated 27.06.2023 and the Proceedings of Criminal Case No. 266/2023 pending before JMFC Rajpur, may kindly be quashed, in the interest of justice.”

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3. Brief facts necessary for disposal of this case are that the complainant respondent No. 2 lodged the written report against the petitioners on 17.06.2023 with the averment that complainant went to the house of petitioner No. 1 for the purpose of marriage of Mamta Ekka with the petitioner No. 1 but he didn't open the door so they she went backside of the house. The back door was also close and complainant seen that the petitioner was in Bathroom and he asked the reason for coming in his house

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thereafter abuses him at that juncture the petitioner no. 2 and 3 were also reached and abuses her thereafter complainant came back to her house and lodged the report in which the offence under section 294, 506/34 of IPC is registered. After registration of the FIR, investigation is completed and the charge-steet is filed on 27.06.2023 before the court of JMFC Rajpur, Distt.- BalrampurRamanujganj and the applicants were released on bail and the case is fixed for argument before charges. The learned trial court fixed the case for argument before charges, since 27.06.2023 and the next date is given for 22.02.2025 for argument on charge, though the FIR as well as the statement under section 161 of Cr.P.C. recorded by the prosecution and submitted with the charge-sheet, the offence under section 294, 506 of IPC is not made out as the incident as per complainant was taken place in the house of the applicant No.1 and that is not amounts to public place and no any witness have heard the abuse by the applicants which amounts to insult of the complainant. Hence the present petition.

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4. Learned counsel for the petitioner submits that the police of police station Shankargarh has registered the offence against the petitioner on the date of lodging of the report itself without making any inquiry in this regard whether any incident has been taken place or not. The complainant and her companion himself went to the house of the applicant and started the dispute and by making the false allegations lodged the report by implicating the

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petitioners as the petitioner No. 2 and 3 have refused for marriage of the petitioner No.1 with the Sister-in-law of complainant. If the averment made in the FIR is considered, no offence is made out because the complainant herself entered in his house backside when the front door was close. The material collected by the prosecution is accepted as it is the offence under section 294, 506 of IPC is not made out as the ingredients of the offence under section 294 are missing, there is no public place or public view. After lodging of the present report of Crime No. 81/2023 another report has been lodge by the sister-in-law of the complainant on 29.06.2023 labeling the allegation of rape upon the petitioner No. 1 though in the first report, there is no such allegation labeled and on the basis of the second report, Crime No. 87/2023 for offences punishable under section 376 (2) (n), 417, 506 of IPC is registered and charge-sheet is filed.

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5. Learned State Counsel opposes the prayer for quashing of the proceedings of Criminal Case No. 266/2023 pending before the JMFC Raipur and submits that since the charge-sheet has already been submitted in pursuance to the FIR, this petition has virtually become infructuous and as such, the same may be dismissed. Further, the matter is already fixed for argument on charge on 22.02.2025.

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6. We have heard learned counsel for the parties and perused the documents appended with petition.

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7. From perusal of the record, it transpires that the charge-sheet has already been filed in pursuance to the FIR registered by the complainant, as such, at this stage, this Court does not find it appropriate to grant the relief sought for in the present petition by the petitioner as the charge-sheet prima facie discloses cognizable offence against the petitioner, further, the matter is fixed for for argument on charge on 22.02.2025. Accordingly, this petition being devoid of merit is liable to be and is hereby

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dismissed.

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Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha ) Judge Chief Justice

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Manpreet

Matiyas @ Matiya v. State of Chhattisgarh

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Matiyas @ Matiya v. State of Chhattisgarh

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