Madhya Pradesh High Court
Neha Choudhary vs The State Of Madhya Pradesh on 16 March, 2022
Author: Rajendra Kumar (Verma)
1
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 16th OF MARCH, 2022
MISC. CRIMINAL CASE No. 18616 of 2021
Between:-
1. NEHA CHOUDHARY W/O SWASTIK CHOUDHARY
OCCUPATION: HOUSE WORK 30 X GURU
SHANKAR NAGAR (MADHYA PRADESH)
2. GIRIRAJ S/O RAMCHANDRA SETHIYA
OCCUPATION: NOTHING 30 X. GURU SHANKAR
NAGAR. INDORE. (MADHYA PRADESH)
3. SUNITA W/O GIRIRAJ SETHIYA , AGED ABOUT 30
YEARS, OCCUPATION: HOUSEWORK 30 X. GURU
SHANKAR NAGAR. INDORE. (MADHYA PRADESH)
4. GANESH S/O SHRI PRABHULAL PATIL , AGED
ABOUT 26 YEARS, OCCUPATION: SERVICE 26.
GURU SHANKAR NAGAR. INDORE (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MUKESH SETHIA, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THR. P.S. MAHIDPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI HEMANT SHARMA, GA FOR STATE)
This MCRC coming on for ADMISSION this day, the court passed the
following:
ORDER
The petitioners have approached before this Court by way of filing this
application filed under Section 482 of Cr.P.C. for quashment of the FIR bearing
Crime No.79/2020 registered at Police Station Mahidpur, Ujjain under Section 294,
323 and 506/34 of IPC.
The short facts of the case are that the complainant/husband of petitioner
no.1 has lodged the FIR by submitting that when the complainant alongwith his
father was sitting over their cloth shop, the petitioners have come there and abused
the complainant and his father alleging that why they are not attending the Court
Signature Not VerifiedDigitally signed by
SAN AMIT KUMAR
Date: 2022.03.16
16:47:49 IST
hearings and assaulted the complainant and his father also. Thereafter, the report
was lodged by the police under the provisions as stated above.
Learned counsel for the petitioners has submitted that earlier, an FIR has
been lodged against the complainant and his family members by petitioner no.1
which is already registered under Section 498-A, 323, 294 and 506/34 of IPC
bearing FIR dated 29.03.2019 in Crime No.152/2019 at police station Dwarkapuri,
Indore. It is further submitted that the present FIR is counter blast of the FIR
lodged by petitioner no.1 against her husband and in-laws. It is also submitted that
the petitioner no.2 has approached the Samajik Panchayat of their Samaj regarding
the dispute and the President of Jangda Porwal Samaj had written a letter dated
17.12.2019 to petitioner no.2 as per which, the complainant/husband of the
petitioner no.1 and his parents have stated that they are not ready to keep petitioner
no.1 and shall ready face the outcome of judgment of the Court. The FIR has is
only the counter blast of the FIR lodged by the petitioner no.1 in the year 2019 and
after almost one year, the complainant has lodged the FIR against the petitioners
falsely. Hence, prays for quashment of the FIR on these grounds.
Learned counsel for the State has opposed the prayer by submitting that
there are two eye-witnesses namely Ravindra Solanki and Sunil Solanki and they
both, in their statements recorded before the police have corroborated the story of
the prosecution. It is also submitted that as per the MLC, the complainant and his
father have received injuries due to the assault of the petitioners, hence, prima face
case is made out and the matter of trial and prays for dismissal of the petition.
I have heard the learned counsel for the parties and have perused the record.
In view of the contents of FIR, corroboration of the prosecution by the eye
witnesses, it can not be said that the FIR has been lodged falsely against the
petitioners, hence, at this stage, no case for quashment is made out. The petition
stands dismissed.
(RAJENDRA KUMAR (VERMA))
JUDGE
amit
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN AMIT KUMAR
Date: 2022.03.16
16:47:49 IST
