Chattisgarh High Court
Mithara Patro vs State Of Chhattisgarh on 25 April, 2025
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Digitally
signed by
ANURADHA
ANURADHA TIWARI
TIWARI Date:
2025.04.29
HIGH COURT OF CHHATTISGARH AT BILASPUR
15:12:13
+0530
CRMP No. 1400 of 2025
1 - Mithara Patro W/o Lt. Jagnnath Patro Aged About 57 Years
Resident Of Quarter No. 14 A And B Street No. 02, Sector-08 Bhilai
Nagar, P.S.- Kotwali Sector- 06 Bhilai, Tahsil And District- Durg (C.G.)
2 - Yugal Kishore Patro S/o Lt. Jagnnath Patro Aged About 30 Years
Resident Of Quarter No. 14 A And B Street No. 02, Sector- 08 Bhilai
Nagar, P.S.- Kotwali Sector- 06 Bhilai, Tahsil And District - Durg
(C.G.)
... Petitioners
versus
1 - State of Chhattisgarh Through S.H.O./mahila Thana Incharge,
Police Station- Mahila Thana, Raipur District- Raipur (C.G.)
2 - Hina Patro W/o Yugal Kishore Patro Aged About 21 Years
Resident Of - R.B.H. Colony, Chhota Para, Raipur, Distt. And Tahsil-
Raipur (C.G.)
... Respondents
(Cause-title taken from Case Information System)
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Order Sheet
25.04.2025 Heard Mr. Sandeep Jha, learned counsel for
the petitioners. Also heard Mr. Shailendra Sharma,
learned Panel Lawyer, appearing for respondent
No.1/State and perused the impugned FIR as well
as material brought on record.
Learned counsel for the petitioners submits
that the complainant is residing with her parents
and she is house wife. On 05.08.2021, the
complainant lodged the oral complaint against the
petitioners/accused alleging that they had tortured
the complainant and demanded Rs.5,00,000/-
(Rupees Five Lakhs). The matter was referred for
counseling, which was held on 28.08.2021, but the
complainant again lodged the complaint on
07.01.2022 before respondent No.1 to take strict
action against petitioners.
It has been submitted by the petitioners that
the complainant and petitioner No.2 were married
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on 04.02.2021 with Hindu rites and rituals and after
marriage, the petitioners started demanding dowry
to the tune of Rs.5,00,000/- cash from the
complainant. The complainant narrated the same
to her family members, they advised the petitioners
not to do such type of act with the complainant, but
still the petitioners tortured the complainant. In the
month of December, 2021, the complainant gave
birth to a child and the total expenses was born by
her parents. The act done by the petitioners
compelled the complainant to lodge the complaint
against the petitioners and on 07.01.2022, she
lodged the F.I.R. bearing Crime No.0008/2022
against the petitioners for the offence under
Sections 498-A) 34 and 406 (added later on) of the
I.P.C. and subsequently, charge sheet bearing
No.03/2022 was filed before the learned JMFC,
Raipur and then, learned trial court had taken
cognizance on 03.03.2022 against the petitioner
and fixed the matter for argument before
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charge/Framing of charges, but till date, no
charges had been framed against the petitioners by
the learned trial Court.
It is further submitted that the complainant
had also filed an application under Section 12 read
with Sections 18, 19, 20, 21 and 22 of the
Protection of Women From Domestic Violence Act,
2005 on 21.10.2021 against the petitioners before
learned Family Court, Raipur and also filed the
interim application for maintenance on 24.09.2022
which was registered as MJC/746/2021. The
petitioners got the notice by the learned trial Court,
Raipur and on 24.09.2022, they have appeared
before the learned trial court, Raipur with his
counsel. The petitioners and the complainant filed
an application of compromise before the learned
trial Court on 24.11.2022 where it was consented
by both the parties that the application filed by the
complainant could be decided on the basis of
compromise, in which both the parties were ready
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to abide the conditions mentioned in the
compromise letter/compromise deed. Therefore,
the learned trial Court had disposed the application
filed by the complainant on the basis of
compromise application dated 24.11.2022.
It has been argued that the petitioner
No.2/husband is doing tailoring job and petitioner
No.1 is widow, had tried in every aspect to keep the
complainant happy since after marriage, but the
behavior of the complainant was the reason due to
which she voluntarily withdraw and went to her
parent house. The complainant always wants to
live independently and she also don’t want to
contribute into daily family affairs. The act of
compromise on the first hearing date shows that
the petitioners are keen to live with the complainant
and his children, but the act of the complainant and
their family members are rude and cruel in nature
due to which, the petitioner No.2 does not live
happily with the complainant.
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After the completion of the investigation,
charge-sheet bearing No.03/2022 was filed on
06.02.2022 and the trial Court has taken
cognizance on 03.03.2022 for offence punishable
under SEctions 498-A, 406 (added later on) and 34
of the I.P.C. and threafter, Criminal Case
No.1728/2022 was registered against the
petitioners pursuant to the FIR bearing Crime
No.0008/2022 dated 07.01.2022 for the offence
punishable under Sections 498-A, 34 and 406
(added later on) of IPC at Police Station Mahila
Thana, District-Raipur (C.G.).
The learned State counsel also endorses the
said fact that the charge-sheet has been submitted
before the trial Court concerned.
Considering the fact that the dispute which
arose between the parties i.e. petitioner
No.2/husband and respondent No. 2/wife is
matrimonial in nature, we deem it appropriate to
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make an effort to get the said dispute settled by
way of mediation.
In view of the above, petitioner No. 2/husband
shall deposit Rs.50,000/- with the Mediation Centre
of this Court within two weeks from today and the
same shall be paid to respondent No.2 on her
appearance before the Mediation Centre.
The matter is remitted to the Mediation
Centre on 06.06.2025 with a direction that the
Mediation Centre shall conclude the mediation and
conciliation proceedings expeditiously, after giving
notices to both the parties.
List this matter thereafter along with report of
Mediation Centre on 11.06.2025.
Till the next date of listing, the further
proceedings of Criminal Case No.1728 of 2022
pending before the learned Judicial Magistrate First
Class, Raipur (C.G.), against the petitioners, shall
remain stayed.
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After depositing the amount as aforesaid,
notices shall be issued to the parties.
It is made clear that, if any, final settlement is
arrived at between the parties, the aforesaid
amount so deposited, shall be adjusted.
Sd/- Sd/-
(Arvind Kumar Verma) (Ramesh Sinha)
Judge Chief Justice
Anu