PRAMOD KUMAR NAVRATNA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of order dtd. 3/3/2025 passed by the High Court for the State of Chhattisgarh at Bilaspur in WPCR No.117/2025 dismissing the Writ Petition filed under Article 226 of Constitution of India preferred by the accused-appellant herein and thereby refusing to quash the proceedings arising out of the FIR No.213/2025 dtd. 6/2/2025 registered at Sarkanda Police Station, District Bilaspur under Sec. 376(2)(n) of the Indian Penal Code, 1860 (for short, "IPC") that was registered by the complainant-respondent No.3.

(3.) Briefly stated, the facts of the case are that the complainant-respondent No.3, an Advocate by profession, solemnized marriage with one Mitendra Kumar Dhirde on 2/6/2011 and subsequently gave birth to a boy named Ojash on 12/4/2012. Thereafter, owing to matrimonial discord between the couple, the husband sought divorce by filing the divorce petition Civil Case No.F/232A/2018 against the complainant-respondent No.3 on 10/12/2018 under Sec. 13(1)(ia) of Hindu Marriage Act, 1955 before the Family Court, Raigarh, Chhattisgarh. The contentions and grievances of the parties in the said divorce petition are not germane to the facts of the present case and hence are not dealt with herein. Suffice it to say that the said divorce petition was dismissed by the Family Court on 27/11/2024 and an appeal No.FA(MAT)/11/2025 against the said order was preferred by the husband of the complainant-respondent No.3 on 10/1/2025 which is currently pending adjudication before the High Court of Chhattisgarh at Bilaspur. Therefore, at the time of disposal of the present petition, the complainant-respondent No.3 is married and has a son.