Sunil Shivhare vs The State Of Madhya Pradesh
2022 Latest Caselaw 683 MP

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                     THE HIGH COURT OF MADHYA PRADESH
                                 MCRC No.11089/2015
                      Sunil Shivhare & Ors. vs. State of M.P. & Anr.

                                Through video conferencing

          Gwalior, Dated : 13/01/2022

                Shri D.R. Sharma, Counsel for the applicants.

                Ms. Kalpana Parmar, Counsel for respondent No.1/State.

Shri Rahul Yadav, Counsel for respondent No.2.

The solitary ground which has been raised by the counsel for the

applicants is that the FIR in question was lodged after the decree of

divorce was passed.

The Supreme Court in the case of Pratibha vs. Rameshwari Devi

reported in (2007)12 SCC 369 has held that mere filing of the divorce

petition cannot be a ground to quash the FIR because the judgment

passed in a Civil Court is not binding on a criminal Court and the

proceedings can be quashed only after considering the allegations made

therein and not on account of any extraneous consideration. In the

present case the FIR was lodged after the decree was passed. However,

the FIR was lodged for the acts which were allegedly committed prior to

grant of decree, but the allegations are not barred by time.

Under these circumstances, Shri D.R. Sharma prays for and is

granted a week's time to examine the legal position and to address that

whether the FIR can be quashed merely on the ground that it was lodged

after the decree was passed.

List next week.

                                                                    (G.S. Ahluwalia)
 (alok)                                                                 Judge



ALOK KUMAR
2022.01.13 16:54:41 +05'30'