Manish Singh Bhadauria vs The State Of M.P.
2021 Latest Caselaw 442 MP

                                  1                                WP-5092-2021
        The High Court Of Madhya Pradesh
                   WP-5092-2021
       (MANISH SINGH BHADAURIA AND OTHERS Vs THE STATE OF M.P. AND OTHERS)

1
Jabalpur, Dated : 03-03-2021
      Shri Arpan Pawar, learned counsel for the petitioners.
      Shri Siddharth Kumar Sharma, learned Panel Lawyer for the
respondents/State.

Learned counsel for the petitioners submits that marriage between petitioner no.1 and respondent no.2 had taken place on 22-01-2019 as per

Hindu rites and rituals. The disease in respect of the respondent no.2 was suppressed and therefore, on the said ground of separation he filed a petition for divorce under Section 12 and 13(1)(a) of the Hindu Marriage Act on 22-12-2020. As the petitioners were cheated and were not disclosed about the disease and age of the respondent no.2, the petitioner no.2 has also filed complaint under Sections 406 and 420 of IPC to the police and later complaint has been made before the Judicial Magistrate First Class, Gwalior on 29-12-2020. After that the respondent no.2 has got registered FIR 14/2021 at Police Station Khajuraho, District Chhatarpur where the entire

family has been implicated for commission of offence under Sections 498, 294, 323 and 506/34 of IPC as well as under Section 3 and 4 of Dowry Prohibition Act, Thus, the FIR is nothing but an abuse of the process of law. To challenge FIR, a writ petition can be filed, he has placed reliance on the judgments passed by the Supreme court in the cases of Arnab Manoranjan Goswami Vs. State of Maharashtra and others 2020 SCC online SC 964, Neelu Chopra and another Vs. Bharti (2009)10 SCC 184, Chandralekha and others Vs. State of Rajasthan and another (2013)14 SCC 374, Manju Ram Kalita Vs. State of Assam and Varala Bharath Kumar and another Vs. State of Telangana and another.

Issue notice to the respondent no.2 on payment of P.F. within 7 2 WP-5092-2021 working days by both modes, returnable within 3 weeks.

On behalf of respondent no.1, the learned Panel Lawyer accepts notice and will seek instructions in the matter.

List the matter on 22-03-2021.

Till then no coercive action shall be taken against the petitioners. C.C. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

hsp

Signature Not Verified SAN

Digitally signed by HAR SAHAY PATERIYA Date: 2021.03.03 16:46:02 IST