[Cites 4, Cited by 0]
Chattisgarh High Court
Pradeep Kumar Kanathe vs State Of Chhattisgarh on 10 March, 2026
Digitally
signed by
ANURADHA
ANURADHA TIWARI
TIWARI Date:
2026.03.10
17:27:20
+0530
1/7
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 655 of 2026
1 - Pradeep Kumar Kanathe S/o Shri Anandrao Kanathe Aged About
47 Years House No. 319, Sitlamai Ward , Behind The Sudhir Tent
House, Sarkari Kuwa (Mai Ka Bagicha) Ghamapur, Police Station
Ghamapur, District Jabalpur Madhyapradesh
2 - Smt. Urmila Kanathe W/o Shri Anandrao Kanathe Aged About 78
Years House No. 319, Sitlamai Ward, Behind The Sudhir Tent
House, Sarkari Kuwa (Mai Ka Baghicha) Ghamapur, Police Station
Ghamapur, District Jabalpur, Madhyapradesh
3 - Anandrao Kanathe S/o Lt. Shri Bhaiya Ji Aged About 83 Years
House No. 319, Sitlamai Ward, Behind The Sudhir Tent House,
Sarkari Kuwa (Mai Ka Baghicha) Ghamapur, Police Station
Ghamapur, District Jabalpur, Madhyapradesh
4 - Anil Kumar Kanathe S/o Shri Anandrao Kanathe Aged About 52
Years House No. 319, Sitlamai Ward, Behind The Sudhir Tent
House, Sarkari Kuwa (Mai Ka Baghicha) Ghamapur, Police Station
Ghamapur, District Jabalpur, Madhyapradesh
5 - Kusum Gayakwad W/o Shri Amit Gayakwad, Aged About 40
Years R/o Katra Hill Ward No. 85, Zone 19, Police Station Katra Hill,
Nagar Nigam Bhopal, District Bhopal Madhyapradesh
... Petitioners
versus
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1 - State of Chhattisgarh Throuhg- The Secretary, Home Department
Mantralaya, Mahandi Bhawan, Atal Nagar, District- Raipur (C.G.)
2 - Superintendent of Police Durg, District Durg (C.G.)
3 - Station House Officer Police Station Mahila Thana, Bhilai Nagar,
District Durg (C.G.)
4 - Mrs. Varsha Kanathe W/o Pradeep Kanathe Aged About 34 Years
D/o C.R. Galfat, House No. 01 Type-3 Sector 06, Near The
Bameshwari Temple, P And T Colony Bhilai, Police Station Bhilai
Nagar, District Durg (C.G.) Pin 490006
... Respondents
(Cause-title taken from Case Information System)
Order Sheet
10.03.2026 Heard Mr. Ratnesh Kumar Agrawal, learned
counsel for the petitioners as well as Mr. Shailendra
Sharma, learned Panel Lawyer, appearing for the
State/respondents No.1 to 3.
Learned counsel for the petitioners submits that
the marriage between petitioner No. 1 and respondent
No. 4 was solemnized on 14.07.2013 at Multai and
out of the wedlock a daughter, namely Pawni
Kanathe, was born on 17.09.2017. Subsequently,
respondent No. 4 lodged a complaint alleging
harassment for demand of dowry, pursuant to which
FIR No. 11/2018 dated 12.06.2018 was registered for
the offences punishable under Sections 498-A, 34 of
IPC and Section 4 of the Dowry Prohibition Act, 1961.
After completion of investigation, charge-sheet was
filed and the learned Judicial Magistrate First Class,
Durg took cognizance on 24.11.2018 and the criminal
case bearing No. RCC/36293/2018 is presently
pending trial, wherein charges were framed on
25.04.2024.
It is further submitted that the parties have
amicably resolved their disputes and differences.
Earlier, the petitioners had approached this Court by
filing WPCR No. 1067/2019 for quashing of the FIR
and, pursuant to the directions of this Court, the
matter was referred to the Mediation Centre where
the petitioners and respondent No. 4 entered into a
compromise on 14.03.2023 and executed a mediation
settlement. Though the said writ petition came to be
dismissed on 13.04.2023 with liberty to the petitioners
to approach the appropriate forum for quashing of the
charge-sheet on the basis of compromise, the
settlement between the parties still subsists. It is also
submitted that the parties have taken further steps to
settle their matrimonial disputes, inasmuch as
petitioner No. 1 and respondent No. 4 have jointly
filed an application under Section 13(b) of the Hindu
Marriage Act, 1955 before the learned Principal
Judge, Family Court, Durg for dissolution of marriage
by mutual consent, which is presently pending
consideration.
Learned counsel for the petitioners also submits
that the allegations levelled in the FIR and the charge-
sheet are general and omnibus in nature without any
specific attribution against the petitioners. In view of
the compromise arrived at between the parties and
the fact that the matrimonial dispute has been
amicably settled, continuation of the criminal
proceedings would serve no useful purpose and
would amount to an abuse of the process of law. It is
therefore prayed that this Court be exercised its
inherent jurisdiction and quash the criminal
proceedings arising out of FIR No. 11/2018 pending
as Criminal Case No. RCC/36293/2018 before the
learned Judicial Magistrate First Class, Durg.
Per contra, learned State counsel opposes the
petition and submits that the FIR in question was
registered on the basis of a complaint made by
respondent No. 4 alleging cruelty and demand of
dowry, and after due investigation the police found
sufficient material against the petitioners, pursuant to
which charge-sheet has already been filed before the
competent Court.
It is further submitted that the learned Judicial
Magistrate First Class, Durg has taken cognizance of
the offences and has also framed charges against the
petitioners on 25.04.2024, and therefore the trial is
already in progress. In such circumstances, it is
contended that the petitioners have an adequate
opportunity to establish their innocence during the
course of trial and, therefore, the present petition
seeking quashing of the criminal proceedings is not
liable to be entertained.
In view of the above, issue notice to the
respondents by ordinary process as well as speed
post.
Learned State counsel appears and accepts
notice on behalf of respondents No.1 to 3, therefore,
issuance of notice to the State/respondents No.1 to 3,
is dispensed with.
Issue notice to respondent No.4 by ordinary and
speed post. Process fee be paid as per Rules.
Four weeks' time is granted to the learned
counsel for the respondents to file their reply-affidavits
and thereafter, two week's time is granted to the
learned counsel for the petitioners to file rejoinder-
affidavit.
List the matter thereafter.
Till the next date of listing, the further
proceedings of Criminal Case No.RCC/36293/2018
pending before the learned Judicial Magistrate First
Class, Durg, District Durg (C.G.) insofar as relates to
the petitioners, shall remain stayed.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Judge
Anu
