Ruby Fiza VsState Of Chhattisgarh

Heard on I.A. No. 01/2021 which is an application for grant of interim relief/stay.

Petitioner has preferred this petition under Section 226 of the Constitution of India on the ground that a complaint was lodged by him against respondents No. 8 to 12 at Mahila Cell Baikunthpur, District- Koriya (C.G.) in which counselling proceeding took place on 05.05.2021 & the respondent No.8 did not appear & the proceedings were closed. The petitioner preferred application before Police Station- Chirmiri, District-Koriya (C.G.) in which zero FIR was registered and the matter was transferred to Police Station- Amanaka Raipur, District-Raipur (C.G.) where numbered FIR was registered which is against the law laid down by the Hon'ble Supreme Court. Hence, the instant petition filed by the petitioner with a prayer to direct the respondent authorities to conduct counseling proceedings between the petitioner and respondent No.8 and also to investigate the matter at Police Station- Chirmiri, District- Koriya (C.G.) i.e. place of residence of petitioner and I.A. No. 01/2021 which is an application for grant of interim relief/ stay filed by the petitioner stating that further investigation and filing of charge-sheet in FIR No. 104/2021 registered at Police Station-Amanaka, District- Raipur (C.G.) be stayed till the final disposal of the petition.

Learned counsel for the petitioner submits that the petitioner and respondent No.8 are wife and husband. Petitioner/wife is a permanent resident of Chirmiri, District- Koriya (C.G.). The police authorities at Chirmiri instead of investigating the matter, transferred the same to Police Station- Amanaka, District- Raipur (C.G.) where a numbered FIR has been registered overlooking the principles laid down by the Hon'ble Supreme Court. The Hon'ble Supreme Court specifically states that the matter shall be registered, investigated and tried where the complainant resides i.e at Chrimiri, but the respondent/authority willfully and disobediently transferred the case to Police Station- Amanaka Raipur where the respondents No. 8 to 12 reside. The petitioner is having one daughter from respondent No.8 who resides with her, hence the petitioner wants to settle the marital dispute and to continue marital relationship with respondent No.8. The counseling proceedings could not have taken place between the petitioner and respondent No.8, because respondent No.8 did not attend the counseling proceedings, but just after registration of numbered FIR, he immediately contacted the petitioner, went to her parental home i.e. Chirmiri and executed an agreement Annexure P/6 and stated on oath that he is willing to keep the petitioner with him and also stated on oath that he will never harass the petitioner and her daughter in future but respondent No. 8 did not comply with the agreement Annexure P/6 executed by him and on that basis he has taken the benefit of anticipatory bail. The petitioner still wants to settle the dispute and to continue her marital relationship with respondent No.8, therefore, this petition is filed by the petitioner seeking direction to respondent authorities to conduct the counseling proceedings between the petitioner and respondent No.8 and to investigate and try the offences registered against the respondent Nos. 8 to 12 at Chirmiri, District- Koriya (C.G.) in accordance with law. Therefore, the further investigation and filing of charge-sheet in FIR No. 104/2021 registered at Police Station- Amanaka, District Raipur be stayed till final decision of this petition. In support of his argument, counsel for the petitioner has placed reliance in the matter of Rupali Devi Vs. State of Uttar Pradesh & Others reported in (2019) 5 SCC 384.

On the other hand, learned counsel for respondent No.1 to 7/State submits that the marriage between the petitioner & respondent No.8 Mohsin @ Mohnish Khan was solemnized on 24.11.2018 and, thereafter, petitioner resides with family of the accused till 11.11.2020. The alleged incident of harassment and ill treatment was given by her in-laws at Raipur and finally on 26.12.2020, she was deserted and, thereafter, the petitioner took shelter at District- Koriya. Therefore, when she approached the Police Station- Chirmiri, the police personnel registered the FIR and transferred it to Raipur (C.G.).

The Hon'ble Apex Court in the matter of Rupali Devi Vs. State of Uttar Pradesh & Others reported in (2019) 5 SCC 384 has held in Para 16 as under:-.

“16. We, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under Section 498-A of the Penal Code.”

Petitioner also wants counseling proceedings and she wants to settle the dispute and continue her marital relationship with her husband, therefore, application (I.A. No. 01/2021) for grant of interim relief/stay is allowed and further proceedings of FIR No. 104/2021 shall remain stayed till final disposal of this petition.

Issue notice to respondent No.8 on payment of P.F. as per rules and he is directed to appear before the next date of hearing.

List this case on 24.03.2022.