Pranesh Golcha Vs State of Chhattisgarh

Smt. Priya Golcha W/o Pranesh Golcha Aged About 30 Years R/o C/o Shri Rajesh Parekh, Flat No. 4- G, Avani Apartment, Khandelwal Colony, Durg, Police Station- Durg, Tehsil And District Durg, Chhattisgarh. (Complainant) ---- Respondent(s)

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(Cause title taken from CIS)

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For Petitioner	: Mr. Anmol Sharma, Advocate
For Respondent/State	: Mr. S.S. Baghel, G.A.
For Respondent No.2/ Complainant	: Mr. Aditya Bhardwaj, Advocate

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Hon'ble Shri Ramesh Sinha, Chief Justice

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Hon'ble Shri Arvind Kumar Verma, Judge Order on Board

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Per Arvind Kumar Verma, J.

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07/01/2026

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Heard Mr. Anmol Sharma, learned counsel for the petitioner, Mr. S.S. Baghel, G.A. for the respondent/ State and Mr. Aditya Bhardwaj, learned counsel for respondent No.2/ Complainant.

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Digitally signed by JYOTI JHA Date: 2026.01.07 19:16:13 +0530

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The instant CRMP has been 9led by the petitioners with the following prayer :-

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“It is, therefore, prayed that this Hon'ble Court may kindly be pleased to quash the FIR dated 03.02.2022 bearing crime No. 8/2022 and entire consequential proceedings initiated arising out of the said crime number wherein the chargesheet has also been (led for alleged o)ence under Section 498-A of the Indian Penal Code and to quash Regular Criminal Case No. 61642022 pending before learned Judicial Magistrate First Class, District Durg.

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Facts of the case are that the present petitioner is being roped in FIR No. 8 of 2022 registered at Mahila Thana, District Durg (Chhattisgarh) for o;ences punishable under Sections 498A, The marriage between Petitioner and Respondent No.2 (complainant) was solemnized on 27.06.2020, according to Hindu rites and customs. At the time of marriage father of the complainant has given all the household items, jewelry and other gifts to the tune of Rs. 2.51 Lakhs and also gave cash worth Rs 5 Lakhs as gift to the petitioner and his family members. After marriage the complainant went to matrimonial house and after three months of marriage, it is further alleged that petitioner used to taunt with respect to the less amount given in marriage and stated that if he would have married somewhere else then we would surely have got at least 25 Lakhs and used to harass her physically and mentally. That it is further alleged that the petitioner is a drunkard and use to physical harass her. It is further alleged that the petitioner and his mother and father continuously harassed the complainant and demanded dowry to the tune of Rs. 25 Lakhs from her. It is further alleged that on 22.10.2020 fatherin-law, mother-in-law and petitioner harassed her for demand of dowry as a result of which she went into depression and went outside to commit

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suicide, at that point of time near pulgaon chowk some police personals stopped her and enquired from her where she told them about the harassment being done the petitioners and his family members. The police then called her father and asked him to her daughter thereafter she found that she is four months pregnant. After sometime the petitioner brought the complainant back from her maternal house and again she was harassed by them. Further no care was taken by the petitioner as no food and medication was given to her being frustrated by the conduct of the family of petitioner, she called her father and went back to her maternal house. On 14.05.2021 she went into labor pain and called the petitioner but in turn he stated that it is your child do as you think proper. Then complainants father got the complainant admitted to the hospital and on 15.05.2021 the complainant gave birth to one girl child. It is alleged that for this the petitioner and her family member use to taunt that she could have given birth to a boy and who will bear the expense of the child now. Fuhrer stated to her father that if he wants to send her daughter then give Rs. 40 Lakhs otherwise don't send her. That narrating all the above-mentioned facts the complainant gave written complaint before the police authority on 10.10.2021. That after receiving the compliant the police authorities conducted counselling but the result was not fruitful and the complainant demanded action on the petitioner and not against her father-in-law and mother-in-law. As a result of which the instant FIR has been lodged against the present petitioner under the present crime number for the o;ence punishable under section 498-A IPC in Police Station - Mahila Thana, Durg. Thereafter Police authorities completed the investigation and after taking 161 statements of the witnesses and the petitioner have also returned the gifts and ornaments to the complainant subsequently 9led charge-sheet against the present

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petitioner on 05.07.2022 under the abovementioned sections and Regular Criminal case no. 6164/2022 is pending for kind consideration before the Learned Judicial Magistrate First Class, Durg and the charges have been framed and the case is posted for evidence

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Learned counsel for the petitioner would submit that the complainant has lodged the FIR on the basis of bald and vague allegations against the petitioner. Learned counsel further submits that the contents of the FIR as well as the charge-sheet do not, even prima facie, disclose the essential ingredients necessary for constituting the o;ences under Sections 498A,of the IPC. It is submitted that the allegations levelled in the FIR are vague, general, and omnibus in nature, made only with a view to harass and pressurize the petitioner, and do not constitute any cognizable o;ence. He would also submit that during the pendency of proceedings, the petitioner and the respondent No.2 have amicably resolved their disputes, in terms of which both the parties have also 9led a petition under Section 13B(1) of the Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent before the Family Court, Durg. In view of the said amicable settlement and the ongoing mutual consent divorce proceedings, continuation of the criminal proceedings would be nothing but an abuse of process of law and would serve no fruitful purpose. Hence, it is prayed that this Court may be pleased to quash the impugned FIR and all consequential proceedings arising therefrom.

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Learned counsel for the respondent/ complainant 9led an aDdavit of the complainant dated 19.11.2025 and he would not oppose the submission made by the learned counsel for the petitioner and agrees with the submission that the settlement has been entered between the parties and

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they both have mutually decided to part their separate ways as husband and wife, thus the respondent No. 2 does not want to pursue the criminal case on a complaint 9led by her against the petitioner.

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

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Considering the submissions advanced by the learned counsel for the parties and particularly considering the fact that the settlement has been entered between the parties and they have mutually decided to part their ways as husband and wife and they have moved an application for grant of divorce by mutual consent under Section 13-B of Hindu Marriage Act, this Court is of the considered opinion that the dispute being purely matrimonial in nature, continuation of the criminal proceedings would serve no fruitful purpose and would amount to an abuse of the process of law. Accordingly, FIR dated 03.02.2022 bearing crime No. 8/2022 and entire consequential proceedings initiated arising out of the said crime number in Criminal Case No. 6164/2022, are hereby quashed.

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Accordingly, the instant CRMP is allowed with the aforesaid direction.

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Sd/Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice

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Jyoti

Pranesh Golcha v. State of Chhattisgarh

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Pranesh Golcha v. State of Chhattisgarh

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