Chattisgarh High Court
Pradeep Kumar Kanathe vs State Of Chhattisgarh on 10 March, 2026
Digitally
signed by
ANURADHA
ANURADHA TIWARI
TIWARI Date:
2026.03.10
17:27:20
+0530
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 655 of 2026
1 - Pradeep Kumar Kanathe S/o Shri Anandrao Kanathe Aged About
47 Years House No. 319, Sitlamai Ward , Behind The Sudhir Tent
House, Sarkari Kuwa (Mai Ka Bagicha) Ghamapur, Police Station
Ghamapur, District Jabalpur Madhyapradesh
2 - Smt. Urmila Kanathe W/o Shri Anandrao Kanathe Aged About 78
Years House No. 319, Sitlamai Ward, Behind The Sudhir Tent
House, Sarkari Kuwa (Mai Ka Baghicha) Ghamapur, Police Station
Ghamapur, District Jabalpur, Madhyapradesh
3 - Anandrao Kanathe S/o Lt. Shri Bhaiya Ji Aged About 83 Years
House No. 319, Sitlamai Ward, Behind The Sudhir Tent House,
Sarkari Kuwa (Mai Ka Baghicha) Ghamapur, Police Station
Ghamapur, District Jabalpur, Madhyapradesh
4 - Anil Kumar Kanathe S/o Shri Anandrao Kanathe Aged About 52
Years House No. 319, Sitlamai Ward, Behind The Sudhir Tent
House, Sarkari Kuwa (Mai Ka Baghicha) Ghamapur, Police Station
Ghamapur, District Jabalpur, Madhyapradesh
5 - Kusum Gayakwad W/o Shri Amit Gayakwad, Aged About 40
Years R/o Katra Hill Ward No. 85, Zone 19, Police Station Katra Hill,
Nagar Nigam Bhopal, District Bhopal Madhyapradesh
... Petitioners
versus
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1 - State of Chhattisgarh Throuhg- The Secretary, Home Department
Mantralaya, Mahandi Bhawan, Atal Nagar, District- Raipur (C.G.)
2 - Superintendent of Police Durg, District Durg (C.G.)
3 - Station House Officer Police Station Mahila Thana, Bhilai Nagar,
District Durg (C.G.)
4 - Mrs. Varsha Kanathe W/o Pradeep Kanathe Aged About 34 Years
D/o C.R. Galfat, House No. 01 Type-3 Sector 06, Near The
Bameshwari Temple, P And T Colony Bhilai, Police Station Bhilai
Nagar, District Durg (C.G.) Pin 490006
... Respondents
(Cause-title taken from Case Information System) Order Sheet 10.03.2026 Heard Mr. Ratnesh Kumar Agrawal, learned counsel for the petitioners as well as Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the State/respondents No.1 to 3.
Learned counsel for the petitioners submits that the marriage between petitioner No. 1 and respondent No. 4 was solemnized on 14.07.2013 at Multai and out of the wedlock a daughter, namely Pawni Kanathe, was born on 17.09.2017. Subsequently, respondent No. 4 lodged a complaint alleging harassment for demand of dowry, pursuant to which 3/7 FIR No. 11/2018 dated 12.06.2018 was registered for the offences punishable under Sections 498-A, 34 of IPC and Section 4 of the Dowry Prohibition Act, 1961. After completion of investigation, charge-sheet was filed and the learned Judicial Magistrate First Class, Durg took cognizance on 24.11.2018 and the criminal case bearing No. RCC/36293/2018 is presently pending trial, wherein charges were framed on 25.04.2024.
It is further submitted that the parties have amicably resolved their disputes and differences. Earlier, the petitioners had approached this Court by filing WPCR No. 1067/2019 for quashing of the FIR and, pursuant to the directions of this Court, the matter was referred to the Mediation Centre where the petitioners and respondent No. 4 entered into a compromise on 14.03.2023 and executed a mediation settlement. Though the said writ petition came to be dismissed on 13.04.2023 with liberty to the petitioners to approach the appropriate forum for quashing of the 4/7 charge-sheet on the basis of compromise, the settlement between the parties still subsists. It is also submitted that the parties have taken further steps to settle their matrimonial disputes, inasmuch as petitioner No. 1 and respondent No. 4 have jointly filed an application under Section 13(b) of the Hindu Marriage Act, 1955 before the learned Principal Judge, Family Court, Durg for dissolution of marriage by mutual consent, which is presently pending consideration.
Learned counsel for the petitioners also submits that the allegations levelled in the FIR and the charge- sheet are general and omnibus in nature without any specific attribution against the petitioners. In view of the compromise arrived at between the parties and the fact that the matrimonial dispute has been amicably settled, continuation of the criminal proceedings would serve no useful purpose and would amount to an abuse of the process of law. It is therefore prayed that this Court be exercised its 5/7 inherent jurisdiction and quash the criminal proceedings arising out of FIR No. 11/2018 pending as Criminal Case No. RCC/36293/2018 before the learned Judicial Magistrate First Class, Durg. Per contra, learned State counsel opposes the petition and submits that the FIR in question was registered on the basis of a complaint made by respondent No. 4 alleging cruelty and demand of dowry, and after due investigation the police found sufficient material against the petitioners, pursuant to which charge-sheet has already been filed before the competent Court.
It is further submitted that the learned Judicial Magistrate First Class, Durg has taken cognizance of the offences and has also framed charges against the petitioners on 25.04.2024, and therefore the trial is already in progress. In such circumstances, it is contended that the petitioners have an adequate opportunity to establish their innocence during the course of trial and, therefore, the present petition 6/7 seeking quashing of the criminal proceedings is not liable to be entertained.
In view of the above, issue notice to the respondents by ordinary process as well as speed post.
Learned State counsel appears and accepts notice on behalf of respondents No.1 to 3, therefore, issuance of notice to the State/respondents No.1 to 3, is dispensed with.
Issue notice to respondent No.4 by ordinary and speed post. Process fee be paid as per Rules.
Four weeks' time is granted to the learned counsel for the respondents to file their reply-affidavits and thereafter, two week's time is granted to the learned counsel for the petitioners to file rejoinder- affidavit.
List the matter thereafter.
Till the next date of listing, the further proceedings of Criminal Case No.RCC/36293/2018 7/7 pending before the learned Judicial Magistrate First Class, Durg, District Durg (C.G.) insofar as relates to the petitioners, shall remain stayed.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Judge
Anu