Chattisgarh High Court
Santosh Kumar Sidar vs State Of Chhattisgarh on 27 February, 2025
1/6
Digitally
HIGH COURT OF CHHATTISGARH AT BILASPUR
signed by
BABLU
BABLU RAJENDRA
RAJENDRA BHANARKAR
BHANARKAR Date:
2025.02.27
14:52:16
CRMP No. 743 of 2025
+0530
1 - Santosh Kumar Sidar S/o Soukhilal Aged About 28 Years R/o
Village- Barra, Police Station And Tahsil Jaijaipur, District- Sakti
(C.G.)
2 - Soukhilal Sidar S/o Sidaruram Aged About 57 Years R/o Village-
Barra, Police Station And Tahsil Jaijaipur, District- Sakti (C.G.)
3 - Smt. Gangadevi Sidar W/o Soukhilal Aged About 53 Years R/o
Village- Barra, Police Station And Tahsil Jaijaipur, District- Sakti
(C.G.)
4 - Ravikumar Sidar S/o Soukhilal Aged About 35 Years R/o Village-
Barra, Police Station And Tahsil Jaijaipur, District- Sakti (C.G.)
5 - Smt. Droupati W/o Ravi Kumar Sidar Aged About 32 Years R/o
Village- Barra, Police Station And Tahsil Jaijaipur, District- Sakti
(C.G.)
6 - Mahendra Kumar Sidar S/o Soukhilal Aged About 32 Years R/o
Village- Barra, Police Station And Tahsil Jaijaipur, District- Sakti
(C.G.)
7 - Smt. Kavita W/o Mahendra Kumar Sidar Aged About 30 Years
R/o Village- Barra, Police Station And Tahsil Jaijaipur, District- Sakti
(C.G.)
... Petitioner(s)
2/6
versus
1 - State Of Chhattisgarh Through- Station House Officer, Police
Station Sakti, District- Sakti (C.G.)
2 - Smt. Anju Lata Sidar W/o Santosh Kumar Sidar Aged About 27
Years R/o Rathore Colony, Opposite Of Rest House, Sakti, Ward No.
16, P.S. And Tahsil Sakti, District- Sakti (C.G.)
... Respondent(s)
Order Sheet
27.02.2025 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.
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
17.06.2023 and the present FIR has been lodged by
respondent No. 2 against the petitioners for
harassment on 22.05.2024. He further submits that
earlier the complainant has lodged FIR against the
petitioner No.1 under Section 376 (2) (N) of IPC and
on 22-06-2023, 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 Section
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 Section 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 17-06-2023, 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 Section 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 & Conciliation Centre of this Court being
matrimonial in nature as there may be chances of
compromise between the parties.
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, petitioner No.1 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 10.03.2025.
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 25.03.2025.
Till the next date of listing, further proceedings in
relation to Criminal Case No. 34/2025, pending before
the learned Chief Judicial Magistrate Sakti, District-
Sakti (C.G.) arising out of the FIR bearing Crime No.
228/2024 registered against the petitioners for
offences under Sections 498A / 34 of the IPC, 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.
Sd/- Sd/-
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Bablu
