Chattisgarh High Court
Atish Meshram vs The State Of Chhattisgarh on 21 April, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:17810-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 943 of 2025
1 - Atish Meshram S/o Jageshwar Meshram Aged About 33 Years
2 - Jageshwar Meshram S/o Pyare Lal Meshram Aged About 65 Years
3 - Pranita Meshram W/o Jageshwar Meshram Aged About 54 Years
All are R/o G - 15, Ward No. 43, Adarsh Nagar, Durg, District Durg
Chhattisgarh.
... Petitioner(s)
versus
1 - The State Of Chhattisgarh Station House Officer, Police Station
Kanker, District Uttar Bastar Kanker Chhattisgarh.
2 - Disha W/o Atish Meshram Aged About 27 Years R/o Govindpur, P.S.
Kanker, District Uttar Bastar Kanker Chhattisgarh.
... Respondent(s)
(Cause-title taken from Case Information System)
For Petitioner(s) : Mr. Shivam Agrawal, Advocate
For Respondent No.1/State : Mr. Hariom Rai, Panel Lawyer
For Respondent No.2 : Mr. Parag Kotecha, Advocate
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Arvind Kumar Verma, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
21/04/2025
Proceedings of this matter have been taken through video
conferencing.
Heard Mr. Shivam Agrawal, learned counsel for the petitioners as
well as Mr. Hariom Rai, learned Panel Lawyer, for the State/Respondent
and Mr. Parag Kotecha, learned counsel for Respondent No.
2/complainant.
2. The present petition under Section 528 of B.N.S.S. has been filed
by the petitioners with the following prayer :-
" It is respectfully prayed that the entire records
and the case diary pertaining to the impugned
FIR No. 375/2024 registered at the PS Kanker,
District Uttar Bastar, Kanker (CG), the impugned
chargesheet No. 350/2024 filed for the offences
under Sections 85, 3(5) of the BNS 2023, the
impugned order dated 17.12.2024 taking
cognizance of the offences by the trial Court
under Sections 85, 3(5) of the BNS and the
entire criminal proceedings that are undergoing
in Criminal Case No. 6597 of 2024 State of
Chhattisgrh Vs Atish Meshram and 2 Others
before the Court of learned Chief Judicial
Magistrate, Uttar Bastar, Kanker (CG) may kindly
be called from the Police Station Kanker, District
Uttar Bastar Kanker (CG).
2. It is respectfully prayed that (i) the impugned
FIR No. 375/2024 which has been registered
against the petitioners at the PS Kanker, District
Uttar Bastar Kanker (CG) (ii) the impugned
charge sheet No. 350/2024 filed for the offence
under Sections 85 and 3(5) of the BNS 2023, (iii)
the impugned order dated 17.12.2024 taking
cognizance of the offences by the trial court
under Sections 85 and 3(5) of the BNS and (iv)
the entire criminal proceedings that are
undergoing in Criminal Case No. 6597/2024
State of Chhattisgarh V. Atish Meshram and 2
others before the Court of learned Chief Judicial
magistrate, Uttar Bastar Kanker may kindly be
quashed/set aside, because they are bad, illegal,
perverse and untenable in the eyes of law.
3. It is respectfully prayed that any other criminal
proceedings, if existing in connection with the
impugned chargesheet No. 350/2024 filed for the
offences under Sections 85 and 3(5) of the BNS
2023 arising out of the impugned FIR No.
375/2024 registered at PS Kanker, District Uttar
Bastar, Kanker (CG) may kindly be quashed/set
aside, because it is /are bad, illegal and
untenable in the eyes of law.
4. it is respectfully prayed that this Hon'ble Court
may further be pleased to pass any other order
in favour of the present petitioner, as this Hon'ble
Court deems fit in the interest of justice."
3. Case of the prosecution, in brief, is that petitioner No.1 is the
husband of respondent No.2/complainant and petitioner No. 2 & 3 are
father-in-law and mother-in-law. The petitioner No.1/Atish Meshram got
married with respondent No.2/Disha on 05.04.2013 as per Hindu rites
and rituals. It is the case of prosecution that after six month of her
marriage, the relations with her in-law began to go downhill as they as it
is alleged that they were subjecting her to harassment for demand of
dowry. On 26.10.2024, the respondent No.2 lodged the impugned FIR
No. 375/2024 and in pursuance thereof, the police filed the impugned
charge sheet bearing No. 350/2024 for the offences under Sections 85
and 3(5) of the BNS 2023 and the criminal proceedings re going on
before the Court of learned Chief Judicial Magistrate, Bastar, Kanker
(CG).
4. Learned counsel for the petitioners submits that being aggrieved
from the frivolous and baseless complaint being lodged by the
respondent No.2, the petitioners have preferred this petition for
quashing/setting aside the FIR No. 375/2024 registered at PS Kanker,
District Uttar Bastar Kanker, the impugned charge sheet No. 350/2024
filed for the offences under Sections 85,3(5) of the BNS 2023, the
impugned order dated 17.12.2024 taking cognizance of the offences by
the trial Court and the entire criminal proceedings that are undergoing in
Criminal Case No. 6597/2024 State of Chhattisgarh Vs. Atish Meshram
and 2 Others before the Court of learned Chief Judicial Magistrate, Uttar
Bastar, Kanker. Earlier the petitioners had filed Cr.M.P. No 563/2025
before this Court for quashing of the concerned criminal proceedings
against them but the same was withdrawn with liberty to file petition
afresh with proper prayer vide order dated 14.02.2025.
5. Learned counsel for the petitioner submits that the impugned FIR
No,. 375/2024 at PS Kanker, District Uttar Bastar Kanker, the charge
sheet and the order dated 17.12.2024 taking cognizance of the offences
by the trial court and the entire criminal proceedings of Criminal Case
No. 6597 of 2024 are bad, illegal and untenable in the eyes of law and
therefore they are liable to be quashed/set aside. It is further submitted
that the respondent No.2/complainant has made baseless and vague
allegations against the petitioners only to harass them and it is based on
concocted cooked up stories. He submits that the respondent
No.2/complainant is forcing the petitioner No.1 to live separately from
his parents and is subjecting him to mental cruelty. It is submitted that
after marriage, respondent No.2/complainant always used to leave for
her maternal home as per her whims and fancies without informing her
husband and in-laws. In the month of August 2024, she went to her
parent's house on Rakshabhandhan but when she did not return till
24.08.2024, the petitioners contacted her parents and they were
informed that she had gone to Raipur. It is submitted that on
05.09.2024, the petitioner No.1 was in Durg at his work place and the
petitioner No.2 had gone to his village to look after his agricultural fields
and therefore the incidents as stated by the respondent No.2 to have
occurred on 05.09.2024 is completely false and baseless. He further
submits that the respondent No.2 returned to her matrimonial home on
24.08.2024 at about 10.30 pm and she was drunk and on being asked,
she left for her parents house. It is submitted that on many occasions,
the petitioner No.1 has transferred money into the bank account of
respondent NO.2 and also to the bank accounts of her relatives nd
friends to make her feel happy and comfortable.
6. Learned counsel for the petitioners further states that an act to
constitute offence, the allegation should demonstrate the intention and
act of the present petitioners towards the respondent No. 2, as the
petitioners have never done any such act which falls under definition of
Section 85 of the BNS and even if entire case of the prosecution would
be taken in its own face value than also the ingredients of Section 85 of
the BNS would not made out against the petitioners. He further states
that no specific act of the petitioners have been attributed in the FIR and
the petitioners have been implicated in crime in question only on the
basis of vague, general and omnibus type statement of the
complainant/wife with intent to harass the petitioners, therefore, allowing
the continuation of criminal case against them would amount to abuse
of process of law and thus, the impugned FIR, charge-sheet as well as
criminal proceedings pending before the Chief Judicial Magistrate Uttar
Bastar Kanker (C.G.) as Criminal Case No. 6597/2024 deserves to be
quashed. He has placed his reliance in the judgment of the Apex Court
in the matter of Dara Lakshmi Nrayana and Others Vs. State of
Telangana and Another 2024 SCC OnLine SC 3682, which reads as
under:
"28. The inclusion of Section 498A of the IPC by way
of an amendment was intended to curb cruelty
inflicted on a woman by her husband and his family,
ensuring swift intervention by the State. However, in
recent years, as there have been a notable rise in
matrimonial disputes across the country,
accompanied by growing discord and tension within
the institution of marriage, consequently, there has
been a growing tendency to misuse provisions like
Section 498-A of the IPC as a tool for unleashing
personal vendetta against the husband and his family
by a wife. Making vague and generalized allegations
during matrimonial conflicts, if not scrutinized, will
lead to the misuse of legal processes and an
encouragement for use of arm twisting tactics by a
wife and/or her family. Sometimes, recourse is taken
to invoke Section 498A of the IPC against the
husband and his family in order to seek compliance
with the unreasonable demands of a wife.
Consequently, this Court has, time and again,
cautioned against prosecuting the husband and his
family in the absence of a clear prima facie case
against them.
7. He would further rely upon the judgments of the Apex Court in
the matter of State of Haryana Vs Bhajan Lal, AIR 1992 SC 604,
wherein it has been held as under:
In the backdrop of the interpretation of the various
relevant provisions of the Code under Chapter XIV
and of the principles of law enunciated by this Court in
a series of decisions relating to the exercise of the
extra-ordinary power under Article 226 or the inherent
powers under Section 482 of the Code which we have
extracted and reproduced above, we give the
following categories of cases by way of illustration
wherein such power could be exercised either to
prevent abuse of the process of any Court or
otherwise to secure the ends of justice, though it may
not be possible to lay down any precise, clearly
defined and sufficiently channelized and inflexible
guidelines or rigid formulae and to give an exhaustive
list of myriad kinds of cases wherein such power
should be exercised.
1. Where the allegations made in the First Information
Report or the complaint, even if they are taken at their
face value and accepted in their entirety do not prima-
facie constitute any offence or make out a case
against the accused.
2. Where the allegations in the First Information
Report and other materials, if any, accompanying the
F.l.R. do not disclose a cognizable offence, justifying
an investigation by police officers under Section
156( 1) of the Code except under an order of a
Magistrate within the purview of Section 155(2) of the
Code.
3. Where the uncontroverted allegations made in the
FIR or complaint and the evidence collected in
support of the same do not disclose the commission
of any offence and make out a case against the
accused.
4. Where, the allegations in the F.I.R. do not
constitute a cognizable offence but constitute only a
non-cognizable offence, no investigation is permitted
by a police officer without an order of a Magistrate as
contemplated under Section 155(2) of the Code.
5. Where the allegations made in the FIR or complaint
are so absurd and inherently improbable on the basis
of which no prudent person can ever reach a just
conclusion that there is sufficient ground for
proceeding against the accused.
6. Where there is an express legal bar engrafted in
any of the provisions of the Code or the concerned
Act (under which a criminal proceeding is instituted) to
the institution and continuance of the proceedings
and/or where there is a specific provision in the Code
or the concerned Act, providing efficacious redress for
the grievance of the aggrieved party.
7. Where a criminal proceeding is manifestly attended
with malafide and/or where the proceeding is
maliciously instituted with an ulterior motive for
wreaking vengeance on the accused and with a view
to spite him due to private and personal grudge."
8. Similarly, in the matter of Geeta Mehrotra and another v. State
of Uttar Pradesh and another (2012) 10 SCC 741,it has been held that
casual reference to the family members of the husband in FIR as co-
accused particularly when there is no specific allegation and complaint
did not disclose their active involvement. It was held that cognizance of
matter against them for offence under Sections 498-A. 323,504,506 and
304-B of the IPC would not be justified as congnizance would result in
abuse of judicial process.
9. He has further relied upon the matter of Rashmi Chopra v. State
of Uttar Pradesh and Another (2019) SCC OnLine SC 620, wherein it
has been held by the Apex Court relying upon the principle of law laid
down in State of Haryana Vs. Bhajan Lal and others,1992 Supp (1)
SCC 335 that criminal proceedings can be allowed to proceed only
when a prima facie ofence is disclosed and further held that judicial
process is a solemn proceeding which cannot be allowed to be
converted into an instrument of oppression or harassment and the High
Court should not hesitate in exercising the jurisdiction to quash the
proceedings if the proceedings deserve to be quashed in line of
parameters laid down by the Supreme Court in Bhajan Lal (supra) and
further held that in absence of specific allegation regarding anyone of
the accused except common and general allegations against everyone,
no offence under Section 498A IPC is made out and quashed the
charges for offence under Section 498A of the IPC being covered by
category seven as enumerated in Bhajan Lal (supra).
10. He has also relied upon the judgments of this Court in
Satyanarayan Sahu Vs. State of Chhattisgarh, Through Station
House Officer and Another (Cr.M.P. No. 2496/2023, 2024 SC OnLine
Chh 13906); Manoj Jaiswal and Others Vs. State of Chhattisgarh,
Through Officer Incharge Police Station Sarangarh and Another
Cr.M.P. No. 2785 of 2024,2024 SCC OnLine Chh 13540); Suraj
Prakash Sahu and Others Vs. State of Chhattisgarh Through
Station House Officer and Others (Cr.M.P. No. 2531 of 2023, 2024
SCC OnLine Chh 13314).
11. On the other hand, learned State counsel would submit that
considering the material available on record, it cannot be held that no
prima facie case against the petitioners is made out. He would further
submit that jurisdiction of this Court under Section 528 of the BNSS is
extremely limited as FIR cannot be quashed particularly when there is
sufficient material available on record to put the accused persons to
trial. He would rely upon the judgment of the Apex Court in the matter of
Taramani Parakh v. State of Madhya Pradesh and others (2015) 11
SCC 260, to buttress his submission that allegation of cruelty is
question of fact to be established during trial, as such, the petition
deserves to be dismissed.
12. Learned counsel, appearing for respondent No. 2/complainant,
would submit that there are serious allegations against the petitioners
for treating respondent No. 2 with cruelty. He would further submit that
the respondent No.2 had left her matrimonial home because she was
subjected to cruelty for demand of dowry by her in laws and they are
subjecting her to harassment. He further submits that all submissions
raised on behalf of the petitioners relate to question of fact, that can be
considered during the course of trial and that cannot be considered at
this stage and that too, in proceeding under Section 528 of B.N.S.S. as
all ingredients of the aforesaid offences are available to put the
petitioners to trial, as such, it is the case where the petition deserves to
be dismissed.
13. We have heard learned counsel for the parties and considered
their rival submissions made hereinabove and also went through the
records with utmost circumspection.
14. In compliance of the Court's order dated 17.03.2025, the matter
has been referred to the Mediation Center for amicable settlement
between petitioner No.1/husband and respondent No. 2/wife, but both
the parties are not ready to compromise the matter and to settle their
dispute. Hence, the mediation has failed.
15. In the matter of Geeta Mehrotra and another v. State of Uttar
Pradesh and another, (2012) 10 SCC 741, the Hon'ble Apex Court has
held that casual reference to the family member of the husband in FIR
as co-accused particularly when there is no specific allegation and
complaint did not disclose their active involvement. It was held that
cognizance of matter against them for offence under Sections 498-A,
323, 504 and 506 of the IPC would not be justified as cognizance would
result in abuse of judicial process.
16. In the matter of K. Subba Rao and others v. State of Telangana
represented by its Secretary, Department of Home and others,
(2018) 14 SCC 452 the Hon'ble Supreme Court delineated the duty of
the criminal Courts while proceeding against relatives of victim's
husband and held that the Court should be careful in proceeding against
distant relatives in crime pertaining to matrimonial disputes and dowry
deaths and further held that relatives of husband should not be roped in
on the basis of omnibus allegations, unless specific instances of their
involvement in ofences are made out.
17. In the matter of Rashmi Chopra v. State of Uttar Pradesh and
Another, 2019 SCC OnLine SC 620, it has been held by the Supreme
Court relying upon the principle of law laid down in State of Haryana
and others v. Bhajan Lal and others,1992 Supp (1) SCC 335 that
criminal proceedings can be allowed to proceed only when a prima
facie ofence is disclosed and further held that judicial process is a
solemn proceeding which cannot be allowed to be converted into an
instrument of oppression or harassment and the High Court should not
hesitate in exercising the jurisdiction to quash the proceedings if the
proceedings deserve to be quashed in line of parameters laid down by
the Supreme Court in Bhajan Lal (supra) and further held that in
absence of specific allegation regarding anyone of the accused except
common and general allegations against everyone, no offence under
Section 498A IPC is made out and quashed the charges for offence
under Section 498A of the IPC being covered by category seven as
enumerated in Bhajan Lal (supra) by holding as under:-
"24. Coming back to the allegations in the complaint
pertaining to Section 498A and Section 3/4 of D.P.
Act. A perusal of the complaint indicates that the
allegations against the appellants for ofence under
Section 498-A and Section 3/4 of D.P. Act are
general and sweeping.
No specific incident dates or details of any incident
has been mentioned in the complaint. The complaint
having been filed after proceeding for divorce was
initiated by Nayan Chopra in State of Michigan,
where Vanshika participated and divorce was
ultimately granted. A few months after filing of the
divorce petition, the complaint has been filed in the
Court of C.J.M., Gautam Budh Nagar with the
allegations as noticed above. The sequence of the
events and facts and circumstances of the case
leads us to conclude that the complaint under
Section 498A and Section 3/4 of D.P. Act have been
filed as counter blast to divorce petition proceeding
in State of Michigan by Nayan Chopra.
25. There being no specific allegation regarding
anyone of the applicants except common general
allegation against everyone i.e. "they started
harassing the daughter of the applicant demanding
additional dowry of one crore" and the fact that all
relatives of the husband, namely, father, mother,
brother, mother's sister and husband of mother's
sister have been roped in clearly indicate that
application under Section 156(3) Cr.P.C. was filed
with a view to harass the applicants....."
18. The Hon'ble Apex Court, in Payal Sharma v. State of Punjab &
Another {Cr.A. No. 4773/2024, decided on 26.11.2024} had, relying on
the decision in Geeta Mehrotra (supra), Kahkashan Kausar @
Sonam & Others v. State of Bihar & Others {(2022) 6 SCC 599},
Bhajan Lal (supra), and Umesh Kumar v. State of Andhra Pradesh &
Another {(2013) 10 SCC 591}, had quashed the FIR and the
consequential proceedings emanating therefrom.
19. Very recently, the Hon'ble Apex Court, in Dara Lakshmi Narayan
& Others v. State of Telangana & Another {Cr.A. No. 5199 of 2024,
decided on 10.12.2024}, has observed as under:
A mere reference to the names of family members in
a criminal case arising out of a matrimonial dispute,
without specific allegations indicating their active
involvement should be nipped in the bud. It is a well-
recognized fact, borne out of judicial experience, that
there is often a tendency to implicate all the
members of the husband's family when domestic
disputes arise out of a matrimonial discord. Such
generalized and sweeping accusations unsupported
by concrete evidence or particularized allegations
cannot form the basis for criminal prosecution.
Courts must exercise caution in such cases to
prevent misuse of legal provisions and the legal
process and avoid unnecessary harassment of
innocent family members.
In the present case, appellant Nos.2 to 6, who are
the members of the family of appellant No.1 have
been living in different cities and have not resided in
the matrimonial house of appellant No.1 and
respondent No.2 herein. Hence, they cannot be
dragged into criminal prosecution and the same
would be an abuse of the process of the law in the
absence of specific allegations made against each of
them.
26. In fact, in the instant case, the first appellant and
his wife i.e. the second respondent herein resided at
Jollarpeta, Tamil Nadu where he was working in
Southern Railways. They were married in the year
2015 and soon thereafter in the years 2016 and
2017, the second respondent gave birth to two
children. Therefore, it cannot be believed that there
was any harassment for dowry during the said period
or that there was any matrimonial discord. Further,
the second respondent in response to the missing
complaint filed by the first appellant herein on
05.10.2021 addressed a letter dated 11.11.2021 to
the Deputy Superintendent of Police, Thirupathur
Sub Division requesting for closure of the said
complaint as she had stated that she had left the
matrimonial home on her own accord owing to a
quarrel with the appellant No.1 because of one
Govindan with whom the second respondent was
in contact over telephone for a period of ten days.
She had also admitted that she would not repeat
such acts in future. In the above conspectus of facts,
we ind that the allegations of the second respondent
against the appellants herein are too far-fetched and
are not believable.
27. xxx xxx xxx
28. The inclusion of Section 498A of the IPC by way
of an amendment was intended to curb cruelty
inflicted on a woman by her husband and his family,
ensuring swift intervention by the State. However, in
recent years, as there have been a notable rise in
matrimonial disputes across the country,
accompanied by growing discord and tension within
the institution of marriage, consequently, there has
been a growing tendency to misuse provisions like
Section 498A of the IPC as a tool for husband and
his family by a wife. Making vague and generalized
allegations during matrimonial conlicts, if not
scrutinized, will lead to the misuse of legal processes
and an encouragement for use of arm twisting tactics
by a wife and/or her family. Sometimes,recourse is
taken to invoke Section 498A of the IPC against the
husband and his family in order to seek compliance
with the unreasonable demands of a wife.
Consequently, this Court has, time and again,
cautioned against prosecuting the husband and his
family in the absence of a clear prima facie case
against them.
29. We are not, for a moment, stating that any
woman who has suffered cruelty in terms of what
has been contemplated under Section 498A of the
IPC should remain silent and forbear herself from
making a complaint or initiating any criminal
proceeding. That is not the intention of our aforesaid
observations but we should not encourage a case
like as in the present one, where as a counterblast to
the petition for dissolution of marriage sought by the
first appellant-husband of the second respondent
herein, a complaint under Section 498A of the IPC is
lodged by the latter. In fact, the insertion of the said
provision is meant mainly for the protection of a
woman who is subjected to cruelty in the matrimonial
home primarily due to an unlawful demand for any
property or valuable security in the form of dowry.
However, sometimes it is misused as in the present
case.
30. In the above context, this Court in G.V. Rao
vs.L.H.V. Prasad, (2000) 3 SCC 693 observed as
follows:
"12. There has been an outburst of matrimonial
disputes in recent times. Marriage is a sacred
ceremony, the main purpose of which is to enable
the young couple to settle down in life and live
peacefully. But little matrimonial skirmishes suddenly
erupt which often assume serious proportions
resulting in commission of heinous crimes in which
elders of the family are also involved with the result
that those who could have
counselled and brought about rapprochement are
rendered helpless on their being arrayed as accused
in the criminal case. There are many other reasons
which need not be mentioned here for not
encouraging matrimonial litigation so that the parties
may ponder over their defaults and terminate their
disputes amicably by mutual agreement instead of
fighting it out in a court of law where it takes years
and years to conclude and in that process the parties
lose their "young" days in chasing their "cases" in
different courts."
31. Further, this Court in Preeti Gupta vs. State of
Jharkhand (2010) 7 SCC 667 held that the courts
have to be extremely careful and cautious in dealing
with these complaints and must take pragmatic
realities into consideration while dealing with
matrimonial cases. The allegations of harassment by
the husband's close relatives who had been living in
different cities and never visited or rarely visited the
place where the complainant resided would have an
entirely different complexion. The allegations of the
complainant are required to be scrutinized with great
care and circumspection.
32. We, therefore, are of the opinion that the
impugned FIR No.82 of 2022 filed by respondent
No.2 was initiated with ulterior motives to settle
personal scores and grudges against appellant No.1
and his family members i.e., appellant Nos.2 to 6
herein. Hence, the present case at hand falls within
category (7) of illustrative parameters highlighted in
Bhajan Lal. Therefore, the High Court, in the present
case, erred in not exercising the powers available to
it under Section 482 CrPC and thereby failed to
prevent abuse of the Court's process by continuing
the criminal prosecution against the appellants."
In view of the aforesaid, the Hon'ble Apex Court quashed the FIR,
the charge-sheet and the consequential criminal proceedings pending
before the learned trial Court.
20. Having noticed the legal position qua quashing the FIR and
charge sheet, the question would be whether taking the contents of the
FIR and charge-sheet as it is, offence under Sections 85 and 3(5) of the
BNS, 2023 is made out against the petitioners?
21. It is the case of the prosecution that marriage of the complainant
with the petitioner No. 1 was solemnized on 05/04/2021 as per their
customary rites and rituals and on 26.10.2024, the respondent No. 2
has lodged the FIR alleging therein that she was subjected to cruelty by
her husband and his family members. In the complaint so made, the
complainant has only made omnibus and general allegations against
the petitioners without being full particulars about date and place that all
the petitioners including the husband treated her with cruelty for
demand of dowry. There is no specific allegation regarding anyone of
the petitioners except common and general allegations against all the
petitioners that they have demanded cash amount.
22. Considering the submissions of the learned counsel for the
parties, material available on record, perusing the FIR in which no
specific allegations have been made and only bald and omnibus
allegations have been made against the petitioners, we are of the
considered opinion that prima-facie no offence under Sections 85 and
3(5) of BNS Act is made out for prosecuting petitioner No.2-Jageshwar
Meshram and petitioner No.3 Pranita Meshram for the above-stated
ofences and the prosecution against them for the aforesaid offence is
covered by Category 1, 3 & 7 of para-102 of the judgment rendered by
the Supreme Court in Bhajan Lal's case (supra) and as such, liable to
be quashed.
23. As a fallout and consequence of the above-stated legal analysis
and also in the facts and circumstances of the case, the Criminal Case
No.6597/2024 pending before the learned trial court arising out of Crime
No. 375/2024 registered at Police Station, Kanker for the offence under
Sections 85 and 3(5) of the BNS 2023 is hereby quashed to the extent
of Petitioner No. 2 (Jageshwar Meshram) and Petitioner No.3 (Pranita
Meshram). The prosecution against her husband i.e. petitioner No. 1-
Atish Meshram, S/o Jageshwar Meshram shall continue.
24. It is made clear that all the observations made in this order are for
the purpose of deciding the petition filed by the petitioners hereinabove
and this Court has not expressed any opinion on merits of the matter
and concerned trial Court will decide criminal case pending against
Atish Meshram strictly in accordance with law without being influenced
by any of these observations made hereinabove.
25. The present petition under Section 528 of BNSS is allowed to the
extent indicated hereinabove.
Sd/- Sd/-
(Arvind Kumar Verma) (Ramesh Sinha)
Judge Chief Justice
SUGUNA Date:
DUBEY 2025.04.24
15:38:15
+0530
