Smt. Reena Khona vs The State Of Madhya Pradesh
2023 Latest Caselaw 6231 MP

                                                            1
                             IN    THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 18 th OF APRIL, 2023
                                          MISC. CRIMINAL CASE No. 49792 of 2021

                            BETWEEN:-
                            1.    SMT. REENA KHONA W/O RAVINDRA KHONA,
                                  AGED ABOUT 62 YEARS, OCCUPATION: BUSINESS
                                  SHAILBHADRA TRADERS AND SHALIBHADRA
                                  CORPORATION MUMBAI BARIHAN MUMBAI
                                  (MAHARASHTRA)

                            2.    PRIYEN KHONA S/O SH. RAVINDRA KHONA,
                                  AGED ABOUT 40 YEARS, SHALIBHADRA TRADERS
                                  AND SHALIBHADRA CORPORATION, MUMBAI
                                  BARIHAN MUMBAI (MAHARASHTRA)

                                                                                       .....APPLICANTS
                            (BY SHRI ATUL GUPTA - ADVOCATE)

                            AND
                            1.    THE STATE OF MADHYA PRADESH INCHARGE
                                  POLICE STATION P.S. KOTWALI ASHOKNAGAR
                                  (MADHYA PRADESH)

                            2.    AMAN S. BANSAL, ADULT INDIA INHABITANT,
                                  HAVING ADDRESS AT SUBHASHGANJ ASHOK
                                  NAGAR HALL, SHREESANT DREAM PARK
                                  ASHOKNAGAR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                            (BY SHRI PS RAGHUVANSHI - PUBLIC PROSECUTOR)
                            (BY SHRI VIJAY KUMAR JHA - ADVOCATE FOR RESPONDENT)

                                  This application coming on for hearing this day, the court passed the
                            following:
                                                             ORDER

Instant petition under Section 482 of CrPC has been filed by the petitioners for quashment of FIR bearing Crime No. 118 of 2021 registered at Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/19/2023 10:26:14 AM

Police Station Kotwali District Ashoknagar for offence punishable under Sections 406 and 420 of IPC as well as other subsequent criminal proceedings arising with said crime.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely arrayed as accused in the present case. On prima facie perusal of the allegations regarding lending of money, they appear to be vague and frivolous without any substance. Counsel for the petitioner has relied upon the judgment dated 11.10.2001 passed by Hon'ble Apex Court in appeal (crl.) 1028/2001 (M.Krishnan Vs. Vijay Singh and anr.).

Learned counsel for the State and the complainant vehemently opposed

the prayer made by counsel for the petitioners.

Accordingly, FIR bearing Crime No. 118 of 2021 registered at Police Station Kotwali District Ashoknagar for offence punishable under Sections 406 and 420 of IPC as well as other subsequent criminal proceedings arising with said crime is hereby quashed so far as it relates to present petitioners.

Petition stands allowed.

Let a copy of this order be sent to Police Station concerned for information and compliance.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/19/2023 10:26:14 AM