Chattisgarh High Court
Naveen Pathak vs State Of Chhattisgarh on 20 June, 2025
SOURABH
BHILWAR
Digitally signed by
SOURABH BHILWAR 1/5
Date: 2025.06.20
18:27:21 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 1774 of 2025
1 - Naveen Pathak S/o Nandkumar Pathak Aged About 30 Years R/o
Village Puchheli, Police Station Pathriya, District Mungeli (C.G.)
2 - Nandkumar Pathak S/o Late Durgaprasad Pathak Aged About 54
Years R/o Village Puchheli, Police Station Pathriya, District Mungeli
(C.G.)
3 - Smt. Anita Pathak W/o Nandkumar Pathak Aged About 45 Years
R/o Village Puchheli, Police Station Pathriya, District Mungeli (C.G.)
4 - Ram @ Hemant Pathak S/o Nandkumar Pathak Aged About 28
Years R/o Village Puchheli, Police Station Pathriya, District Mungeli
(C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Station House Officer, Police
Station Piparchhedi, District Gariyaband (C.G.)
2 - Thana Incharge Thana Piparchhedi, District Gariyaband (C.G.)
3 - Smt. Megha Pathak W/o Navin Pathak Aged About 29 Years R/o
2/5
Village Puchheli, Police Station Pathriya, District Mungeli (C.G.)
Present R/o Near Police Station Village Piparchhedi, Police Station
Piparchhedi, District Gariyaband (C.G.)
... Respondent(s)
Order Sheet
20.06.2025 Heard Mr. Krishna Kumar Khatri, learned
counsel and Mr. Vijay Kumar Mishra, learned
counsel for the petitioners. Also heard Mr. Sakib
Ahmed, learned Panel Lawyer appearing for
respondents/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. 3 / wife and the
alleged marriage between them was solemnized on
05.02.2017, the petitioner No.2 is the father-in-law,
petitioner No.3 is the mother-in-law and petitioner
No. 4 is the brother-in-law of the respondent No.3
and the present FIR has been lodged by respondent
No. 3 against the petitioners for harassment on
15.01.2025. Learned counsel 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 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 at
between the parties i.e. petitioner No.1 / husband
and respondent No. 3 / 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. 3 on her
appearance before the Mediation Centre.
Parties are directed to appear before the
Mediation Centre of this Court on 04.07.2025.
Learned State counsel is directed to inform the
private respondent No.3 about passing of this order,
so that she may appear before the Mediation Centre
on the aforesaid date.
List this matter along with the report of Mediation
Centre before this Court on 17.07.2025.
Till the next date of listing, further proceedings in
relation to Criminal Case No. 259/2025, pending
before the learned Judicial Magistrate First Class,
Gariyaband (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.
Sd/- Sd/-
(Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice
S. Bhilwar/Jyoti
