Madhya Pradesh High Court
Dinesh Sharma vs State Of M.P. on 8 March, 2021
Author: Vishal Mishra
The High Court Of Madhya Pradesh
MCRC-7010-2012
(DINESH SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 08.03.2021
Shri Anand Bharadwaj, learned counsel for the petitioners.
Shri Kaushalendra Singh Tomar, learned Public Prosecutor, for
the State.
With the consent of the parties, the matter is finally heard.
(1) This petition is filed under Section 482 of Cr.P.C. seeking
quashment of F.I.R. registered at Crime No.261/2012 registered under
Sections 452, 294, 506-B and 34 of IPC.
(2) It is alleged that two F.I.Rs. were got registered one at Crime
No.251/2012 on 25.08.2012 at about 12.15 in afternoon at Police
Station Mehgaon, District Bhind with respect to offences under Section
376 of IPC. Another F.I.R. is being registered at Crime No.261/2012
on 25.08.2012 at 12.30 in afternoon for offences under Sections 452,
294, 506-B and 34 of IPC at Police Station Mehgaon, District Bhind
against the present petitioners.
(3) It is argued that in the F.I.R. registered at Crime No.251/2012,
the statements of Sunnu Sharma, Hari Sharma, Smt. Manju Sharma,
Ku. Maanvi, Vinod Sharma have been recorded and they have nowhere
mentioned regarding the incident dated 25.08.2012. This creates a
serious doubt over the prosecution story. It is not even pointed out any
threatening is being given by the present petitioners. It is argued that
the case has been registered against the present petitioners with an
The High Court Of Madhya Pradesh
MCRC-7010-2012
(DINESH SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
ulterior motive just to get the matter compromised between the parties.
Mere filing of an F.I.R. on the subsequent location mentioning the fact
that the incident has taken place just to get the earlier matter
compromise is of no help until and unless the same has been proved
before the learned trial Court and trial Court has taken cognizance in
the matter.
(4) A specific query was made by this Court with respect to status of
the offence registered at Crime No.251/2012 registered at Police
Station Mehgaon, District Bhind, it is pointed out that the accused has
been convicted in the case vide order dated 26.11.2016. As far as the
status of the present case is concerned, it is informed that this Court
vide its order dated 03.10.2012 has directed the S.H.O., Police Station
Mehgaon, District Bhind, not to take any coercive action on the basis
of the F.I.R. registered at Crime No.261/2012. It is pointed out that
there are no proceedings have taken up by the concerning Police
Station and no charge-sheet has been field till date. He has prayed for
quashment of the F.I.R. looking to the facts and circumstances of the
case.
(5) Per contra, counsel for the State has opposed the prayer and has
contended that both different F.I.Rs. were registered at different Crime
numbers, however, the Police Station dealing in the jurisdiction of the
petitioners and in whose jurisdiction the incident has taken place.,
The High Court Of Madhya Pradesh
MCRC-7010-2012
(DINESH SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
There is a specific allegation in the F.I.R. against the present
petitioners regarding commission of offence. Merely creating a doubt
by saying that in the present F.I.R. there is no whisper against the
earlier offence committed by the petitioners does not give any benefit
to the petitioners especially in the event when there was a conviction
recorded in Crime No.251/2012. It is argued that they have not
cooperated in the investigation and they have not even applied for bail
as the direction was given by this Court not to take any coercive action
against the petitioners. In such circumstances as the investigation is
still pending in the matter, he has prayed for dismissal of the
application.
(6) Heard the learned counsel for the parties and perused the record.
(7) From the perusal of the record it is seen that the F.I.Rs.
registered at Crime No.261/2012 and other Crime No.251/2012 are
different F.I.Rs. registered in the same Police Station with a difference
of 15 minutes. There are specific allegations against the present
petitioners in commission of offence with respect to the Crime
No.261/2012. The Hon'ble Supreme Court in the case of The State
of Telangana Vs. Habib Abdullah Jeelani & Ors, AIR 2017 SC 373
in which it is held as under:-
"Quashment of FIR and consequential investigation,
directions that may be passed in exercise of jurisdiction
under Section 482 of Cr.P.C., though in appropriate cases,
High Court can quash investigation and pass interim
The High Court Of Madhya Pradesh
MCRC-7010-2012
(DINESH SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
order as considered proper, but while declining to
interfere with investigation, it cannot direct police not to
arrest petitioner as that would amount to converting
proceedings under Section 482 into those under Section
438 without satisfying its conditions".
(8) From the perusal of the aforesaid judgment, it is apparently clear
that there should not be any interference with respect to quashment of
F.I.R. pending investigation and no such directions can be issued not to
take any coercive action and not to arrest the accused in such cases. It
is pointed out by the counsel for the petitioners that till date no
investigation is pending and no charge-sheet has been field by the
Police authorities. It is surprising to see that the Police authorities are
not completed the investigation and it is kept pending for the last more
than eight years despite of the fact there was no interim-relief or stay
on the investigation by this Court. The only direction was not to take
any coercive action against the petitioners. In such circumstances, the
Police authorities are required to complete the investigation and put the
charge-sheet before the concerning trial Court. However, looking to
the facts and circumstances of the case, no interference is called for in
the present petition filed under Section 482 of Cr.P.C. According the
petition sans merits and is hereby dismissed. The S.H.O of Police
Station Mehgaon, District Bhind, is directed to complete the
investigation forthwith and place the charge-sheet before the
concerning trial Court.
The High Court Of Madhya Pradesh
MCRC-7010-2012
(DINESH SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
A copy of this order be sent to the Superintendent of Police,
District for supervision in the matter.
(Vishal Mishra)
mani Judge
SUBASRI MANI
2021.03.12
10:34:00
-08'00'
