IN THE HON’BLE HIGH COURT OF CHHATTISGARH

AT BILASPUR CHHATTISGARH
CRIMINAL M.C. No. OF 2021

IN THE MATTER OF:

SH. ANAND PURSNANI & ORS. ..PETITIONERS

VERSUS

STATE & ORS. ..RESPONDENTS

INDEX

S.No. Particulars pages’ court fees

1. Notice of motion

2. Urgent petition

3. Memo of parties -

4. List of dates and synopsis

5. Petition under section 482 of Cr.P.C for quashing of

FIR No. 55/2020, under section 498-A/34/325 I.P.C.
P.S: MAHILA THANA RAIPUR (C.G)
alongwith affidavit.

6. Application under section 482 of Cr.PC for

exemption of certified copies of annexures
alongwith affidavit.

7. Affidavit of respondent No. 2

8. Statement of Non filing

9. Annexure P-1 (Colly)

Photocopy of the FIR and its true typed copy.

10.Annexure P-2 (Colly)

Residential proof and duly attested Photographs of the
petitioners

11.Annexure P-3
Residential proof and duly attested Photographs of the
respondent No. 2

12.Court Fees
13.Vakalatnama
DATED

COUNSEL FOR THE PETITIONERS

 IN THE HON’BLE HIGH COURT OF CHHATTISGARH
AT BILASPUR CHHATTISGARH
CRIMINAL M.C. No. OF 2021

IN THE MATTER OF:

SH. ANAND PURSNANI & ORS. ..PETITIONERS

VERSUS

STATE & ORS. ..RESPONDENTS

TO,
THE DEPUTY REGISTRAR,
HIGH COURT OF CHHATTISGARH

SUBJECT: URGENT APPLICATION

Sir,
Kindly treat the enclosed petition as an urgent one according to
High Court rules and orders. The ground of urgency is as under: -

“Necessary orders for quashing the FIR No. 055/2020, under section 498-
A/34/325 I.P.C. P.S. MAHILA THANA RAIPUR are prayed for.”

PETITIONERS

DATED THROUGH

COUNSEL
 IN THE HON’BLE HIGH COURT OF CHHATTISGARH
AT BILASPUR CHHATTISGARH
CRIMINAL M.C. No. OF 2021

IN THE MATTER OF:

SH. ANAND PURSNANI & ORS. ..PETITIONERS

VERSUS

STATE & ORS. ..RESPONDENTS

NOTICE OF MOTION

The Standing Counsel (Crl.)

High Court of Chhattisgarh

Sir,
The accompanying petition is being preferred for quashing of. FIR No.
055/2020, under section 498-A/325/34 I.P.C. P.S. MAHILA THANA
RAIPUR is annexed, which is likely to come up before the Hon'ble
High Court on _______there after or any other date.

This is for your information and necessary action.

.
PETITIONERS

DATED THROUGH

COUNSEL
 IN THE HON’BLE HIGH COURT OF CHHATTISGARH
AT BILASPUR CHHATTISGARH
CRIMINAL M.C. No. OF 2021

IN THE MATTER OF:

SH. ANAND PURSNANI & ORS. ..PETITIONERS

VERSUS

STATE & ORS. ..RESPONDENTS

PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL

PROCEDURE, 1973 PRAYING THIS HON’BLE COURT TO PASS
NECESSARY ORDERS AND DIRECTION THEREBY QUASHING
AND CANCELLING THE FIR NO.74/2010, UNDER SECTION 498-
A/406/325 I.P.C. P.S. MAHILA THANA RAIPUR

MEMO OF PARTIES

1. ANAND PURSNANI
2. RAMESH PURSANI
3. SAPNA PURSANI
4. CHANDANI PURSANI

PETITIONERS

VERSUS

1. THE STATE
2. PRATIBHA PURSNANI

RESPONDENT

PETITIONERS

DATED THROUGH

COUNSEL
 List of Dates and Events

Date ` Particulars of events

09-05-2015 The marriage between the petitioner No. 1 and

respondent No. 2 was solemnized according to Hindu
rites and ceremonies at Raipur on 09-05-2015. The
marriage between the parties was duly consummated
and out of this wedlock no issue was born.

…………… That after the marriage, the petitioner No. 1 and

respondent No. 2 lived together as husband and wife
in the matrimonial home at Indore .

That after sometime the respondent No.2 showed her

desired to join the dance class, at the initial stage the
petitioners objected, however to fulfill her happiness
they agreed and allowed to join the classes. After
joining the classes, she became arrogant and refused to
help her in-laws in any kind of housework, her
behavior was drastically changed towards her in-laws.

14-07-2020 A complaint filed in CAW Cell against the petitioners

by the respondent No. 2 on 14-07-2020
21-12-2020 In pursuant to the above complaint, a FIR No.055/2020,
under section 498-A/406/34/325 I.P.C. P.S. MAHILA
THANA was registered against the petitioner No. 1
and his family members.
30-10-2020 In pursuant to the above FIR the petitioner No.1 has
been arrested at Indore, on 30-10-2020

Hence this petition

 IN THE HON’BLE HIGH COURT OF CHHATTISGARH
AT BILASPUR CHHATTISGARH
CRIMINAL M.C. No. OF 2021

IN THE MATTER OF:

SH. ANAND PURSNANI & ORS. ..PETITIONERS

VERSUS

STATE & ORS. ..RESPONDENTS

PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL

PROCEDURE, 1973 PRAYING THIS HON’BLE COURT TO PASS
NECESSARY ORDERS AND DIRECTION THEREBY QUASHING
AND CANCELLING THE FIR NO.055/2020, UNDER SECTION 498-
A/406/34/325 I.P.C. P.S. MAHILA THANA RAIPUR
AND ALSO

PRAYING THIS HON’BLE COURT TO PASS ANY OTHER ORDER

OR DIRECTION AS THIS HON’BLE COURT MAY DEEM FIT AND
PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE.

TO,

THE HON’BLE CHIEF JUSTICE AND HIS

HON’BLE COMPANION
JUSTICES OF THE HIGH COURT OF CHHATTISGARH

THE HUMBLE PETITION OF THE PETITIONERS

ABOVE NAMED.

MOST RESPECTFULLY SHOWETH:

1. That the marriage between the petitioner No. 1 and respondent No. 2

was solemnized on 09-02-2015 at Grand Tulip Hotel, V.I.P Road,

Raipur (C.G) according to Hindu rites and ceremonies. The marriage

was duly consummated and out of this wedlock no issue was born.

2. That the petitioner No. 1 is the husband, petitioner No. 2 is the Father-

in-Law, Petitioner No. 3 is the Mother-in-law and petitioner No. 4 is

Aunt –in Law, of the respondent No. 2/complainant

3. That there is irretrievable break down of the marriage due to

 incompatible behavior, conduct and temperament of the parties.

Accordingly, the parties to the petition have been living separately

since 12-06-2019 and have not been able to live together or cohabited

since then.

4. That after sometime the respondent No.2 showed her willingness to

join the dance class, at the initial stage the petitioners objected,

however to fulfill her happiness they agreed and allowed her to join

the classes. After joining the classes, she became arrogant and refused

to help her in-laws in any kind of housework, her behavior was

drastically changed towards her in-laws and was becoming

objectionable too.

5. That the respondent No.2 since beginning did not wanted to live with

her in- laws in a joint family because she always had a fear of

disclosure of her extramarital affairs with other person she already

had. She also didn’t want to procure child with her husband petitioner

No.1 even after 5 years of marriage because she already had a

relationship with other man.

6. That on the occasion of third anniversary of their marriage the

petitioner no.1 and respondent no.2 went to Bangkok where the

respondent no.2 told about her extra marital affair to petitioner, she

also said that she will tell everything related about her extra marital

relationship when they will reach back to Indore.

7. That during the month of September- October 2018, the petitioner

through his friend and his sister got the information his wife i.e.

respondent no. 2 in the name of going to dance class she used to go

and meet to another person, after receiving such information the

petitioner in search of truth about the respondent followed her to see

 her in the classes, however the respondent was not at her class. Out of

utter shock the petitioner found that his respondent wife went to Royal

bungalow with some other man near Sultania, the petitioner called his

respondent wife to enquire about her location, she told him that she

had some meeting and then she switched off her mobile phone. The

petitioner waited for his wife for more than four hours and after losin

all the hopes the petitioner went back to house. Thereafter at night

when his wife came back home the petitioner again asked her that how

her day went and what all work she did, instead of replying she in very

rude manner replied to her petitioner husband that she is tired and went

to sleep.

8. That on 09-06-2019 the respondent confessed about her extra marital

affairs and accepted that she is in love with a man named Sandeep Lal

and have a relationship. The petitioner in response said to the

respondent wife that her relationship with some other person even after

the 4 years is marriage is objectionable and asked her to either live

with him or with Sandeep Lal, the respondent wife showed her desire

and willingness to live with Sandeep Lal and left the house.

9. That the petitioner got depressed after hearing about the extra marital

affair of his wife thereafter the petitioner talked to Sandeep Lal and he

also accepted that he has a relationship with petitioner’s wife.

10. The respondent No.2 after the exposure of her extra marital affairs she

on 12-06-2019 went back to her parental house at Raipur.

11. That the petitioner’s family arranged a meeting with the family of

respondent No.2 at Indore to mutually and amicably solve the issues so

that their marriage can be saved.

12. That during the meeting the between the two families a phone call was
 made to the Respondent No.2 to ask about her views, so at that time

she accepted the fact that she have extra marital relationship with

Sandeep Lal. However, she expressed her views that she will end such

relationship now and will live back with the Petitioner No. 1. She

accepted her mistake in front of her family members too. The meeting

ended but no reconciliation was made between the parties, thereafter

the respondents went back to Raipur.

13. That 25-02-2020 the Respondent No.2 came back to the house of the

in-laws as she was being expelled from her paternal home and also

Sandeep Lal also refused to keep her with him. She also threatened her

in- laws that if they don’t keep her with them she will make a false

allegation against them and will file a fake criminal case.

14. That in the fear of threating given by the respondent No. 2 for logging

false case and might send him to jail, the petitioner left his house.

15. That the respondent no 2 on 16-06-2020 threatened the petitioner no 3

by saying that she will make a complaint against all of them and will

send them to jail, out of such fear the petitioner no. 3 made a written

complaint at Mahila Thana Indore and also to Director General of M.P

to take necessary complaint against respondent no. 2 for threatening

them to involve in false and fabricated case.

16. That after such behavior of the respondent no 2 the petitioner made an

application under 13-A of Hindu Marriage Act, 1955, on the grounds

of cruelty and adultery on 02-03-2020 before the Family Court Indore.

17. That as the respondent No. 2 got the information about the application

moved by the petitioner the respondent in counter filed an F.I.R

against the petitioners by putting false and baseless allegations under

section 498-A, 324, 34 of IPC.

18. That a complaint filed in CAW Cell against the petitioners by the

respondent No. 2 on 14-07-2020 and the said complaint converted into

FIR No. 055/2020, on 21-12-2020 under section 498- A/406/34/325

I.P.C. P.S. MAHILA THANA RAIPUR. True photocopy of the FIR

and its true typed copy are annexed herewith as Annexure P-1

(Colly).

19. That the Mahila Thana Raipur had not followed any guidelines issued

by Hon’ble Supreme Court in “Sushil Kumar Sharma vs Union of

India & Others” reported in (2005) 6 SC 281, in respect of cases 498-

A of IPC as otherwise it should evolve legal terrorism, the Station

House Officer had willfully ignored the guidelines and without taking

the three counselling between the parties had filed a complaint, which

is itself objectionable.

20. That, after the arrest of petitioner the Incharge of Mahila Thana

arrested the petitioner No. 1 and didn’t gave information of his arrest

to petitioner’s family member rather they gave information of arrest to

his family counsel which is itself a violation of law.

21. That it is pertinent to mention that as alleged by the respondent that

petitioners are harassing her since the time of marriage. However, she

has not filed any single complaint against the petitioners during the

period of five years. The point to be observed is that during 5 years the

respondent hasn’t filed any complaint and she only filed a false and

fabricated complained when the petitioner has filed an application for

separation of marriage at Family court Indore.

22. That the allegations made by the respondent that the petitioner never

appeared at the Mahila Thana Raipur for counselling dated 14-07-

2020, 31-08-2020. However, it is pertinent to mention that due to

 Nationwide lock down imposed by the Central Government due to

pandemic of Covid- 19, the travel restrictions were made which

incapacitated the petitioner to appear for the counselling.

23. That the allegations made by the respondents on petitioner that they

were demanding a diamond set and the place of marriage to be booked

at Amby valley resort are totally baseless and maliciously the

respondents are trying to build a fake case against the respondents and

are trying to mislead the court.

24. That the allegations made by respondent that the petitioner is a drug

addict and a drunken person, however the respondents failed to

provide any evidence because the fact is that the petitioner has never

taken drugs and he is not at addicted to any kind of Narcotics and

Drugs. However, he takes alcohol occasionally only and remains in his

senses, there were no past records or complaints on the petitioner that

he has done any mischievous act after consumption of alcohol.

25. That the respondent alleged that the petitioner had illicit relationship

with her friend Khushboo Jassani, and Khushboo Jassani visits the

house of petitioner. However, the truth is that the petitioner never

knew about Khusboo Jassani in the past, and the respondent only

introduced her with the petitioner and eventually they all become

mutual friends. As alleged by the respondent that Khusboo Jassani

often visits the house of petitioner to meet petitioner, however the fact

is she visits to meet the respondent as they were colleagues at Zumba

instructors.

26. That the allegation imposed on the petitioner that the petitioner took

his respondent wife to Club on 02-06-2020 and he started doing

objectionable act with Khushboo Jassani, however the fact is that the
 Khushboo Jassani is a friend of Respondent and at no point the

petitioner had done any such illicit activities as alleged by the

respondent No. 2.

27. That as alleged by the respondent that the petitioner took Khushboo

Jassani with him and went to bedroom to sleep with her and with

respondent on a same bed. The respondent here again maliciously put

the false allegations and in reality no such thing was happened on that

day.

28. That the allegations imposed by the respondent no 2 that she has

suffered an injury on her back as the petitioner has pushed her through

the stairs. However, the statement given by the doctor on 21-12-2020

states that the injury happened to the respondent is due to falling and

such injury occurred on 2-07-2018. The above opinion given by the

doctor is the private practitioner and the police has failed to verify the

same and take any opinion from any government practitioner,

therefore the validity of the above enclosed statements come into

question.

29. That the petitioners on 13-03-2020 already informed to the Inspector

General of Police, Indore regarding the illicit relationship of the

respondent and also seek the protection from the threats given by the

respondent that she will lodge a fake case against the petitioners.

30. That the Petitioner crave leave of the Hon'ble Court to urge such

further additional ground (s), at the time of hearing of this petition,

which have not been specifically taken up in this petition.

31. That the Petitioners have not alternative and efficacious remedy except

to approach this Hon'ble Court for seeking relief claimed in the

petition.
32. That the Petitioners have not filed any other similar petition seeking

quashing of complaint case in question either before this Hon'ble

Court or before the Hon’ble Supreme Court of India.

33. That the Annexures annexed with this petition are true copies of their

respective originals.

PRAYER

It is, therefore, most humbly and respectfully prayed that this Hon'ble

Court may kindly be pleased to quash the FIR No. 055/2020., under section

498-A/406/34/325 I.P.C. P.S. MAHILA THAN RAIPUR, in the interest of

justice.

PETITIONERS

DATED THROUGH

COUNSEL
 IN THE HON’BLE HIGH COURT OF CHHATTISGARH
AT BILASPUR CHHATTISGARH
CRIMINAL M.C. No. OF 2021

IN THE MATTER OF:

SH. ANAND PURSNANI & ORS. ..PETITIONERS

VERSUS

STATE & ORS. ..RESPONDENTS

AFFIDAVIT

I, S/O , AGED
ABOUT YEARS R/O
, do hereby solemnly affirm
and declare as under:

1. That the deponent is petitioner No. 1 in this petition and is fully

conversant with the facts and circumstances of this case. The deponent
is competent to swear this affidavit.
2. That the accompanying petition has been drafted and filed under my
instructions by my counsel. I have read the same in between the lines
and the same is true and correct to the best of my knowledge and belief
and nothing has been concealed therein.
3. That the deponent has not filed any other similar petition seeking
quashing of FIR in question either before this Hon'ble Court or before
the Hon'ble Supreme Court of India.

DEPONENT

VERIFICATION:

Verified at on this day of February, 2021 that the contents of the above
affidavit are true and correct to the best of my knowledge and belief and
nothing material has been concealed therein.
DEPONENT
 IN THE HON’BLE HIGH COURT OF CHHATTISGARH
AT BILASPUR CHHATTISGARH
CRIMINAL M.C. No. OF 2021

IN THE MATTER OF:

SH. ANAND PURSNANI & ORS. ..PETITIONERS

VERSUS

STATE & ORS. ..RESPONDENTS

STATEMENT OF NON FILING

That the Petitioners have not filed any other similar petition seeking

quashing of FIR in question either before this Hon'ble Court or before the

Hon'ble Supreme Court of India.

.
PETITIONERS

DATED THROUGH

COUNSEL
 IN THE HON’BLE HIGH COURT OF CHHATTISGARH
AT BILASPUR CHHATTISGARH
CRIMINAL M.C. No. OF 2021

IN THE MATTER OF:

SH. ANAND PURSNANI & ORS. ..PETITIONERS

VERSUS

STATE & ORS. ..RESPONDENTS

APPLICATION UNDER SECTION 482 Cr.P.C. FOR EXEMPTION

FROM THE FILING CERTIFIED COPY OF THE ANNEXURES.

MOST RESPECTFULLY SHOWETH:

1. That the petitioners have filed the above said petition before this
Hon'ble Court seeking quashing of FIR No. 055/2020, under
section 498-A/406/34/325 I.P.C. P.S. MAHILA THANA RAIPUR,
the contents whereof are not being repeated herein for the sake of
brevity and may be read as part and parcel of the present application.
2. That the petitioners are unable to furnish the certified copy of the
aforesaid annexures at this stage and will submit the same before this
Hon’ble Court after their receipt.

It is, therefore, most humbly and respectfully prayed that filing of

the certified copies of the annexures may kindly be exempted, in the
interest of justice.

PETITIONERS

DATED THROUGH

COUNSEL
 IN THE HON’BLE HIGH COURT OF CHHATTISGARH
AT BILASPUR CHHATTISGARH
CRIMINAL M.C. No. OF 2021

IN THE MATTER OF:

SH. ANAND PURSNANI & ORS. ..PETITIONERS

VERSUS

STATE & ORS. ..RESPONDENTS

AFFIDAVIT

I, S/O , AGED
ABOUT YEARS R/O
, do hereby solemnly affirm
and declare as under:

1. That the deponent is petitioner No. 1 in this petition and is fully

conversant with the facts and circumstances of this case. The deponent
is competent to swear this affidavit.
2. That the contents of the petition u/s 482 Cr.P.C. for exemption from
filing the certified copy of annexures has been drafted by my counsel
as per my instruction and the contents of the same have been duly read
over and understood by me and after fully understanding the contents
of the same, I hereby state that the facts stated therein are all true and
correct to the best of my knowledge. The contents of petition may
kindly be read as part and parcel of this affidavit also as the contents
of the same have not been repeated herein for the sake of brevity.

DEPONENT

VERIFICATION

Verified at on this day of …………….., that the

contents of my above affidavit are true and correct to knowledge, no part of it
is false and nothing material has been concealed therefrom.

DEPONENT
 IN THE HON’BLE HIGH COURT OF CHHATTISGARH
AT BILASPUR CHHATTISGARH
CRIMINAL M.C. No. OF 2021

IN THE MATTER OF:

SH. ANAND PURSNANI & ORS. ..PETITIONERS

VERSUS

STATE & ORS. ..RESPONDENTS

COURT FEES

.
PETITIONERS

DATED THROUGH

COUNSEL