Himanshu Singh Vs State of Chhattisgarh

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2025:CGHC:11724-DB

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 95 of 2025

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1 - Himanshu Singh S/o Bhup Singh Jat Aged About 39 Years, 2 - Smt Kamlesh Devi W/o Bhup Singh Jat Aged About 62 Years, 3 - Bhup Singh Jat S/o Hukum Singh Aged About 64 Years,

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All are residents of Village Ritauli, Police Station Shivajinagar, Rohtak, District Rohtak, Haryana Presently R/o House No. B-03, Ward No. 52, Rajendra Park, New Puraina, Amlidih, Rajendra Nagar, Raipur, District Raipur, Chhattisgarh.

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versus

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1 - State of Chhattisgarh Through the S.H.O. Police Station Mahila Thana Raipur, District Raipur, Chhattisgarh

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2 - Smt. Jyoti Singh W/o Himanshu Singh Aged About 38 Years Presently R/o E-359, Gali No. 2, Shivajinagar, Daldalshivni, Mowa, Pandri, Raipur, District- Raipur, CG, Permanent R/o House No. B-03, Ward No. 52, Rajendra Park, New Puraina, Amlidih, Rajendra Nagar, Raipur, District Raipur, Chhattisgarh

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	... Respondents
For Petitioners	: Mr. Ashesh Kumar, Advocate
For Respondent No.1	: Mr.Hariom Rai, Panel Lawyer
For Respondent No.2	: Mr.Prateek Singh Thakur, Advocate

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

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Order on Board

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Per Ramesh Sinha, CJ

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10/03/2025

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Heard Mr. Ashesh Kumar, learned counsel for the petitioners.

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Also heard Mr. Hariom Rai, learned Panel Lawyer appearing

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ROHIT KUMAR CHANDRA

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Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.03.10 17:38:10 +0530

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for respondent No.1/ State and Mr. Prateek Singh Thakur, learned counsel appearing for respondent No.2.

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The petitioners has filed this petition under Section 528 BNSS with following prayer:-

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“It is therefore prayed that this Hon'ble Court may kindly be pleased to quash the FIR bearing No. 116/2023 registered at Police Station Mahila Thana Raipur, District Raipur, CG., consequent Charge Sheet bearing No. 4/2024 dated 06.02.2024 emanating from the FIR stated above filed for the commission of offences punishable under Sections 498A, 377, 406 read with 34 of IPC, the order dated 23.07.2024 taking cognizance of the aforesaid charge sheet and consequent orders and the proceedings of Criminal Case No. 13577/2024 parties being 'State of C.G. vs. Himashu Singh and others' pending before the court of Chief Judicial Magistrate Raipur, District Raipur, CG, in the ends of justice.”

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Brief facts of the case is that respondent No. 2/complainant lodged a written complaint on 15.08.2023 with the Station House Officer, Police Station Mahila Thana Raipur, District Raipur inter alia on the ground that she was married to petitioner No. 1/Himanshu Singh on 19.01.2011 according to the Hindu rites and rituals. Out of their wedlock, a daughter was born. It was further alleged that on demand made by the Petitioners, Rs. 7,00,000/- (Seven Lakhs) in cash was given to the Petitioners at the time of the marriage. Apart from the cash amount, gold and other silver ornaments were also

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given. After marriage the parties started residing at Amlidih, Raipur where her husband, in-laws, grandmother-in-law and the sister-in-law also used to reside; later, the grandmother in law passed away and sister-in-law was married. It was also alleged that the husband, in-laws and sister-in-laws used to taunt the complainant for giving insufficient dowry. They also used to call her 'cripple'. Thereafter, the couple went to Chandigarh where she got pregnant and gave birth to a girl child. After that, they came back to Bhilai and after living for 8 months there they went back to Chandigarh. It has been further alleged that the husband/petitioner No.1 used to perform unnatural sex forcefully against the wishes of the complainant/respondent No. 2 and also used to come drunk and assault the complainant. In December 2018, Petitioner No. 1/Husband along with the complainant and their daughter came back to Raipur. It has been also alleged that Petitioner No. 1/Husband used to demand small sum of money from the complainant. In April 2022, it has been alleged that the complainant/respondent No. 2 was assaulted and on 05.04.2022 petitioner No.1/ Husband eloped somewhere leaving the complainant and their daughter. Later, it came to light that the Husband/Petitioner No.1 is in Haryana. During this period, the entire expense of the complainant and her daughter was borne by her father. On 13.08.2023, it was alleged that the complainant's in-laws came to her house situated in Amlidih, abused her filthily, misbehaved with her

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and threatened to vacate the house. When the complainant went somewhere, her in-laws locked the house from outside, misplaced her ornaments and did not permit her to enter the house.

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Based on the written complaint of respondent No.2/complainant, an FIR bearing No. 116/2023 was registered at Police Station Mahila Thana Raipur, District Raipur for commission of offences punishable under Section 498A read with 34 of the IPC against the petitioners and the wheels of investigation began to run. The police conducted the investigation, recorded the statement of the witnesses and after completion of it, the charge sheet bearing No. 4/2024 dated 06.02.2024 was filed before the jurisdictional Magistrate for the commission of offences punishable under Section 498A, 377 and 406 read with 34 of IPC against the petitioners. On apprehending their arrest in the aforesaid offence petitioners No. 2 & 3 secured anticipatory bail from this Court in MCRCA No. 1373/2023 whereas petitioner No. 1 secured anticipatory bail from the court of Special Judge (SC/ST) Raipur, District Raipur on 20.11.2023.

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Vide order dated 23.07.2024 learned Magistrate took cognizance of the offence and proceeded to try the offences. Vide order dated 16.10.2024 learned Magistrate fixed the matter for framing of charges against the petitioners on 04.01.2025. On 04.01.2025 the matter was adjourned.

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Thereafter, the present petition has been filed before this Court.

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On 10.01.2025, considering the fact that the dispute arrived between the parties i.e. petitioner No.1 / husband and respondent No.2 / wife is matrimonial in nature, this Court had referred the matter before the Mediation Centre of this Court and directed the parties to appear before the Mediation on 27.01.2025 and further directed to list the case before this Court on 12.02.2025 along with report of Mediation Centre.

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Though on 27.01.2025, the mediation between the parties have failed, but on the request of respondent No.2, the matter was against sent to the Mediation Centre and parties were directed to appear before the Mediation Centre on 27.02.2025 and the case was directed to be listed today i.e. on 10.03.2025.

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Today, when the case is called out, learned counsel appearing for the parties submit that the dispute between the petitioners and respondent No.2-complainant has been amicably settled subject to fulfillment of terms and conditions of the agreement entered between the parties before the Mediation Center of this Court on 27.02.2025.

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We have heard learned counsel for the parties and perused the report of the Mediation Centre of this Court dated 27.02.2025.

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Considering the compromise which has been arrived at between the parties vide agreement dated 27.02.2025, criminal proceedings pending before the Chief Judicial Magistrate, Raipur in Criminal Case No.13577/2024 arising out of the FIR bearing No.116/2023, registered at Police Station Mahila Thana, Raipur and consequent charge-sheet bearing No.4/2024 dated 6.2.2024 emanating from the FIR stated above for offence under Sections 498A, 377 and 406 read with Section 34 of the IPC and order taking cognizance dated 23.07.2024 are hereby quashed, subject to fulfillment of terms and conditions as mentioned in the agreement dated 27.02.2025.

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The CRMP is allowed to the extent indicated hereinabove.

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

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Chandra

Himanshu Singh v. State of Chhattisgarh

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Himanshu Singh v. State of Chhattisgarh

Case brief

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