Shambhu Singh Bisen Vs Deepika Thakur

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1

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2025:CGHC:6796

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 478 of 2025

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1 - Shambhu Singh Bisen S/o Late Shri Amadhar Bisen Aged About 62 Years R/o Near Gopi Cycle Store, Kududand, Police Station - Civil Line, Distt. Bilaspur (C.G.)

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2 - Smt. Sangeeta Bisen W/o Shambhu Singh Bisen Aged About 55 Years R/o Near Gopi Cycle Store, Kududand, Police Station - Civil Line, Distt. Bilaspur (C.G.)

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... Petitioner(s)

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versus

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1 - Deepika Thakur W/o Lalit Singh Bisen Aged About 28 Years D/o Rajendra Singh Thakur, R/o House No. 130/k, Ward No. 42 Subhash Nagar, Distt. Durg (C.G.)

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... Respondent(s)

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For Petitioner(s) : Mr. Sanjay Pathak, Advocate For Respondent(s) :

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Hon’ble Shri Justice Arvind Kumar Verma, Judge

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Order on Board

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06/02/2025

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The present petition is filed by the petitioner under Section 528 of BNSS, 2023 for quashment of the proceeding of Domestic Violence Act pending before learned Judicial Magistrate First

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2

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Class, Durg, District-Durg (C.G.) in MJC (Criminal) No. 925/2024.

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Brief facts of the case are that petitioner no. 1 and 2 are the father-in-law and mother-in-law of the respondent. The respondent has filed a complaint case under Section 12,16,17,18,19,20,22 of Domestic Violence Act against the petitioners and her husband namely Lalit Singh Bisen alleging that her husband and petitioner have harrassed her by demanding dowry of Rs. 25,00,000/- and then left her in his parental house and will take divorce from her. On the basis of the allegation made by the respondent in her complaint under Section 12 of Domestic Violence Act, the learned Judicial Magistrate First Class-I, Durg, District-Durg (C.G.) registered the case against the petitioners and their son in MJC (Cr.) No. 925/2024 and notices has been issued to the petitioners.

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Learned counsel for the petitioners contended that all the allegations made by the respondent against the petitioners are baseless and no prima facie case is made out against the petitioners.

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I have heard learned counsel for the petitioners and perused the record with utmost circumspection.

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Perusal of record shows that the case bearing no. MJC (Criminal) No. 925/2024 is pending before the JMFC, Durg, District- Durg (C.G.). The concerned JMFC has registered the case under Section 12 of the Domestic Violence Act which is on the basis of complaint filed by the respondent. The allegation in the complaint

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3

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is true or false will be decided by the trial court on merits. There is no illegality or perversity and no jurisdictional error in the order passed by the learned JMFC.

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The learned counsel for the petitioners is advised to raise all the defences before the learned Trial Court where the case is pending.

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With the aforesaid observation, the present petition is dismissed.

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Sd/-

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(Arvind Kumar Verma) JUDGE

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Madhurima

Shambhu Singh Bisen v. Deepika Thakur

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Shambhu Singh Bisen v. Deepika Thakur

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