Chattisgarh High Court
Harsh Upadhyay vs State Of Chhattisgarh on 15 September, 2025
1
Digitally
signed by
SHOAIB
SHOAIB ANWAR
ANWAR Date:
NAFR
2025.09.15
18:31:24
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 2886 of 2025
1 - Harsh Upadhyay S/o Sunil Kumar Upadhyay, Aged About 32
Years R/o 5/454, Hanuman Mandir, Indra Nagar, District - Deoria
(Uttar Pradesh)
2 - Sunil Kumar Upadhyay S/o Lt. Uma Shankar Upadhayay Aged
About 61 Years R/o 5/454, Hanuman Mandir, Indra Nagar, District
- Deoria (Uttar Pradesh)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Officer-In-Charge, Police
Station Mahila Thana Durg, District - Durg (C.G.)
2 - Manisha Pandey, W/o Harsh Upadhyay, Aged About 30 Years
2
President Residing At - Mini Lig 345 Padamnabhpur, Near
Digambar Jain Mandir, Durg, District Durg (C.G.)
... Respondent(s)
(Cause title taken from CIS)
31/07/2025 Heard Shri Pragalbha Sharma, learned
counsel for the petitioners. Also heard Shri Sakib
Ahmed, learned Panel Lawyer for the 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 husband/ petitioner No.1 and
respondent No. 2 / wife and the alleged
marriage between them was solemnized on
09.12.2023, petitioner No. 2 is the Father-in-law
of the respondent No.2 and the present FIR has
been lodged by respondent No. 2 against her
husband and Father-in-law the petitioners just
for her malicious intentions to harass them on
28.06.2025. 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 25.09.2025.
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 15.10.2025.
Till the next date of listing, further
proceeding in connection with Crime No. 40/2025,
P.S- Mahila Thana, Durg, distt- Durg (C.G.) U/s 498-
A, r/w 34 of Indian Penal Code, 1860 and Section 4
of the Dowry Prohibition Act, 1961, 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)
Shoaib Judge Chief Justice
