Citation : 2025 Latest Caselaw 4287 Chatt
Judgement Date : 8 September, 2025
1/7
Digitally
signed by
SHOAIB
SHOAIB ANWAR
ANWAR Date:
2025.09.08
17:14:45
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 2801 of 2025
1 - Tejesh Kumar Chandrakar S/o Chhannu Lal Chandrakar Aged
About 36 Years R/o Quarter No. 15, Street C, Phase 1, Simran
City, Matthpuraina, Raipur District - Raipur, Chhattisgarh
2 - Chhannu Lal Chandrakar S/o Khuman Singh Chandrakar Aged
About 58 Years R/o Quarter No. 15, Street C, Phase 1, Simran
City, Matthpuraina, Raipur District - Raipur, Chhattisgarh
3 - Smt. Yogeshwari Chandrakar W/o Shri Chhannu Lal
Chandrakar Aged About 57 Years R/o Village Matiya Post Mahud
Teh. Gunderdehi District - Balod (C.G.)
4 - Ajay Chandrakar S/o Shri Chhannu Lal Chandrakar Aged
About 28 Years R/o Quarter No. 15, Street C, Phase 1, Simran
City, Matthpuraina, Raipur District - Raipur, Chhattisgarh
2/7
(Address Of The Petitioners Wrongly Mentiond As Village Matiya
Thana Ranchidai District - Balod (C.G.) In Fir Chargesheet And
Charge)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Station House Officer, P.S.
Baloda District - Balodabazar- Bhatapara (C.G.)
2 - Smt. Swati Bala Chandrakar W/o Tejesh Kumar Chandrakar
Aged About 29 Years R/o Panchsheel Nagar, Baloda Bazar P.S.
Baloda District - Balodabazar- Bhatapara (C.G.) Complainant)
... Respondent(s)
Order-sheet
08/09/2025 Heard Shri Ravi Bhagat, learned counsel for
the petitoner. Also heard Shri Hariom Rai, learned
Panel Lawyer for the State.
Learned counsel for the petitioners
submits that there is a matrimonial dispute
between husband/ petitioner No.1 and
respondent No. 2 / wife and the alleged marriage
between them was solemnized on 13.03.2019,
petitioners No. 2 to 4 are the in-laws of the
respondent No.2 and the present FIR has been
lodged by respondent No. 2 against her husband
and in-laws/ the petitioners just for her malicious
intentions to harass them on 27.08.2022. He
submits that though the charges have been
framed against the petitioners vide order dated
12.01.2024, but till date the respondent no. 2 has
not appeared for recording of the evidence. He
further submits that the impugned FIR is 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 and the same has been filed to gain undue
advantage and harass the petitioners. 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. 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. 1,00,000/- 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 16.09.2025.
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
08.10.2025.
Till the next date of listing, further
proceedings in Criminal Case No. 421/2023,
namely State of Chhattisgarh vs. Tejesh Kumar
Chandrakar and others pending before Learned
Judicial Magistrate First Class (JMFC) Bhatapara,
District- BalodaBazar- Bhatapara (C.G.) against
the petitioners, 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 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
Shoaib
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