Chattisgarh High Court
Abhishek Tiwari vs State Of Chhattisgarh on 9 June, 2025
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MANPREET HIGH COURT OF CHHATTISGARH AT BILASPUR
KAUR
Digitally signed by
CRMP No. 1652 of 2025
MANPREET KAUR
Date: 2025.06.09
16:14:07 +0530
1 - Abhishek Tiwari S/o Shri S.L. Tiwari Aged About 35 Years
Presently Working As Assistant Grade Ii, Public Health Engineering
Department, Bilaspur, R/o Nariyal Kothi, Dayalbandh, P.S. City
Kotawali, Bilaspur (C.G.)
2 - Manju Tiwari W/o Shri S.L. Tiwari Aged About 65 Years R/o
Nariyal Kothi, Dayalbandh, P.S. City Kotawali, Bilaspur (C.G.)
3 - Abhilasha Mishra W/o Pawan Mishra Aged About 39 Years R/o
Pre-Matric Boys Hostel, Kondagaon, Block Kanker District- Uttar
Bastar Kanker (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Station House Officer, P.S.-
Mahila Thana, Bilaspur (C.G.)
2 - Anushree Tiwari W/o Abhishek Tiwari Presently Working As
Lecturer, Government Higher Secondary School, Bakashahi, Pali,
Korba, Presently Residing At- House No.- A-161, Agyeya Nagar, P.S.
Civil Lines, Bilaspur, (C.G.) (Complainant)
... Respondent(s)
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Order Sheet
09.06.2025 Heard Mr. V.R. Tiwari, learned Senior Advocate
along with Mr. Atul Kumar Kesharwani, learned
counsel for the petitioners. Also heard Mr. Sakib
Ahmed, 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
02.03.2024, the petitioner No.2 is the mother-in-law
and petitioner No.3 is the sister-in-law of the
respondent No.2 and the present FIR has been
lodged by respondent No. 2 against the petitioners
for harassment on 25.09.2024. He 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, filed after
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settlement had been reached, and is aimed at
coercing and harassing the petitioners and their
family. The complainant and petitioner No. 1 have
amicably filed for divorce and petitioners have duly
returned all the gifted articles and money along with
a cheque of Rs.5,00,000/-. Thus, the subsequent
FIR is not only afterthought but is filed to gain undue
advantage and harass the petitioners. The
complainant is a well-educated government servant,
who voluntarily aborted her pregnancy in presence
and with consent of her own mother. The petitioners
never consented to the same. 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
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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
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 23.06.2025.
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.
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List this matter along with report of Mediation
Centre before this Court on 03.07.2025.
Till the next date of listing, further proceedings in
relation to Criminal Case No. 481/2025, pending
before the 3rd Additional Judge to the Court of 1 st Civil
Judge Senior Division / JMFC, Bilaspur (C.G.) arising
out of FIR bearing Crime No. 59/2024 instituted to
charge-sheet bearing No.62/2024 for commission of
offence which is punishable under Section 85, 296, 88,
3(5) of the BNS registered at Police Station Mahila
Thana, Bilaspur (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
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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
Manpreet