SANTOSH KUMAR SIDAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr. Ishwar Jaiswal, learned counsel for the petitioners. Also heard Mr. Malay Jain, learned Panel Lawyer, appearing for respondent No.1/State and perused the FIR as well as material brought on record.

(2.) Learned counsel for the petitioners submits that there is a matrimonial dispute between petitioner No.1 / husband and respondent No. 2 / wife and the alleged marriage between them was solemnized on 17/6/2023 and the present FIR has been lodged by respondent No. 2 against the petitioners for harassment on 22/5/2024. He further submits that earlier the complainant has lodged FIR against the petitioner No.1 under Sec. 376 (2) (N) of IPC and on 22/6/2023, the petitioner No.1 was acquitted from the charge. After judgment of acquittal passed in favour of petitioner No.1, the complainant who is the prosecutrix in aforesaid offence lodged another complaint against all the family members of petitioner No.1 by making false allegations as there is no any legal marriage taken place between the petitioner No.1 and the complainant and only to harass the petitioners, the offence under Sec. 498-A/34 of IPC has been registered against the petitioners and charge-sheet has been filed. On 04/10/2023, the complainant also filed the application under Sec. 97 and 98 of CRPC against the the petitioner No.1 and other family members for issuing search warrant and taking possession of the petitioner No.1, in which search warrant has also been issued, in which the date of marriage is shown as 17/6/2023, which is different from the FIR and therefore the FIR itself become vague. Lastly, looking to the contents of the FIR, there is no any allegation for demand of dowry and no any specific allegation against the petitioners and the earlier litigation made by the complainant against the petitioners shows that the complainant is falsely implicating the petitioners in this present case and concocted story has been narrated in the FIR and on the basis of same, charge-sheet has been filed under Sec. 498-A/34 of IPC against the petitioners, which is liable to be quash. He lastly submits that the present matter be referred to Mediation and Conciliation Centre of this Court being matrimonial in nature as there may be chances of compromise between the parties.

(3.) 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, we deem it appropriate to make an effort to get the said dispute settled by way of mediation.