Citation : 2025 Latest Caselaw 2882 Chatt
Judgement Date : 22 August, 2025
1/7
Digitally
signed by
SHOAIB
SHOAIB ANWAR
ANWAR Date:
2025.08.22
17:32:59
HIGH COURT OF CHHATTISGARH AT BILASPUR
+0530
CRMP No. 2612 of 2025
1 - Abhishek Mishra S/o Shri Kanchan Prasad Mishra Aged About
31 Years R/o Hanuman Temple, Mungeli Road, P.S.- Civil Line,
District- Bilaspur C.G.
2 - Kanchan Prasad Mishra S/o Late Shri Indrapati Mishra Aged
About 68 Years R/o Hanuman Temple, Mungeli Road, P.S.- Civil
Line, District- Bilaspur C.G.
3 - Smt. Shail Mishra W/o Shri Kanchan Prasad Mishra Aged
About 65 Years R/o Hanuman Temple, Mungeli Road, P.S.- Civil
Line, District- Bilaspur C.G.
... Petitioner(s)
2/7
versus
1 - State Of Chhattisgarh Through P.S.- Mahila Thana, Bilaspur,
District Bilaspur C.G.
2 - Ayushi Mishra D/o Rajesh Mishra Aged About 30 Years R/o
Yamuna Nagar, Mangla, Civil Lines, District- Bilaspur C.G.
... Respondent(s)
Order on Board
22/08/2025 Heard Mr. Shyam Kumar learned counsel for
the petitioners. Also heard Ms. Soumya Sharma
learned Panel Lawyer appearing for respondent
No.1/State and perused the FIR as well as material
brought on record.
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
13.12.2022 the petitioner No.2 is the father-in-
law, petitioner No.3 is the mother-in-law, and
the present FIR has been lodged by respondent
No. 2 against the petitioners for harassment on
06.01.2025. He further submits that the
impugned FIR and charge-sheet submitted
therein and subsequent criminal proceedings
are illegal and bad in law and thus are liable to
be quashed. The FIR is manifestly malicious,
filed after settlement had been reached, and is
aimed at coercing and harassing the petitioners
and their family. He lastly submits that the
present matter be referred to Mediation &
Conciliation Centre of this Court being
matrimonial in nature as there may be chances
of compromise between the parties.
Learned counsel for the petitioners also
relied upon the judgment passed by the Hon'ble
Apex Court in the case of "Narendra vs. K.
Meena, (2016) 9 SCC 455", in the matter of
"Kahkasha Kausar @ Sonam vs. State of Bihar"
(2022) 6 SCC 599 and in the matter of "State of
Haryana and Others vs. Bhajan Lal and
Others", 1992 Supp (1) SCC 335.
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.
In view of the above, petitioners shall
deposit Rs. 50,000/- with the Mediation Centre
of this Court within a period of seven days from
today and the same shall be paid to respondent
No. 2 on her appearance before the Mediation
Centre.
Parties are directed to appear before the
Mediation Centre of this Court on 03.09.2025.
Learned State counsel is directed to
inform the private respondent No.2 about
passing of this order, so that she may appear
before the Mediation Centre on the aforesaid
date.
List this matter along with report of
Mediation Centre before this Court on 16.09.2025.
Till the next date of listing, further
proceedings in relation to Criminal Case No.
375/2025, pending before the learned Judicial
Magistrate, Bilaspur (C.G.), shall remain stayed.
After depositing the amount as aforesaid,
notice shall be issued to the parties.
It is made clear that in case, the aforesaid
amount is not deposited within the aforesaid
period, the interim protection granted as above
shall automatically be vacated and this petition
shall stand dismissed without further reference to
any Bench of this Court.
The petitioners are directed to produce the
copy of the receipt before the trial Court
concerned regarding payment of the said money
before the Mediation Centre of this Court in
pursuance of this Court's order, then only this
order shall be given into effect.
It is also made clear that if any final
settlement is arrived at between the parties, the
aforesaid amount so deposited, shall be adjusted.
Learned counsel for the petitioners is also
directed to cure the defects as pointed out by the
Registry, during the course of the day.
Sd/- Sd/-
(Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice
Shoaib
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