Jitendra Arya vs The State Of Madhya Pradesh
2023 Latest Caselaw 6718 MP

                                                           1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 25 th OF APRIL, 2023
                                           MISC. CRIMINAL CASE No. 39398 of 2020

                          BETWEEN:-
                          JITENDRA ARYA S/O SHRI SURESH BABU, AGED ABOUT
                          32 YEARS, OCCUPATION: GOVT. SERVICE VIDYUT
                          UPKENDRA CHAMBAL COLONY, MANDSAUR (MADHYA
                          PRADESH)

                                                                                       .....APPLICANT
                          (SHRI RAVI BALLABH TRIPATHI, ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH INCHARGE
                                POLICE STATION PS MAHILA THANA (MADHYA
                                PRADESH)

                          2.    SMT. MONIKA GAUTAM W/O SHRI JITENDRA
                                ARYA, AGED ABOUT 30 YEARS, OCCUPATION:
                                GOVT. SERVICE F-09 CHAMBAL COLONY
                                THATIPUR (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (SHRI NITIN GOYAL, PUBLIC PROSECUTOR)

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

T his petition under Section 482 of Cr.P.C. has been filed by the petitioner for quashment of FIR bearing crime No.37/2020 registered at Mahila Thana District Gwalior for the offence punishable under Section 498-A, 34 of IPC and Section 4 of Dowry Prohibition Act against the petitioner and the criminal proceedings pending in JMFC court Gwalior case No.904/2020 (Police

Signature Not Verified Station Mahila Thana Padav Vs. Jitendra Arya and Ors.). Signed by: YOGENDRA OJHA Signing time: 4/25/2023 5:08:59 PM

I n brief, case of the prosecution is that on 28.01.2023 complainant alongwith her father lodged an FIR at Mahil Thana Gwalior that her marriage was solemnized with Jitendra Arya S/o Shri Suresh Babu Arya at per hindu rites and rituals. After some days of marriage, her husband and father-in-law started demanding a car and flat as dowry. The complainant told them that her father spent more than Rs.10 Lacs in marriage and he is not having capacity to fulfill their demand due to which they started abusing her and inflicting physical and mental cruelty on her. Her husband is posted as Assistant Manager in Electricity Department at Mandsor. The complainant gave birth to a child who is four years old now. On 27.04.2017 complainant came back to her parental

home at Gwalior. A government quarter was allotted to her in which she is residing. On 04.10.2019 the complainant filed an application before Mahila Thana Gwalior. The Police tried resolve the dispute between the parties by mutual consultation but to no avail. On the information of complainant, impugned FIR was registered.

Learned counsel for the petitioner made submission that petitioner who is husband of the complainant resides at Mandsor. Complainant is residing in government quarter at Gwalior. As per FIR, petitioner returned back to Gwalior in 2017 and lodged the FIR in 2020. On 04.09.2017 present applicant filed a case for divorce before Family Court Mandor which was decreed in favour of him. The learned Family Court in Para 63 of its judgment dated 28.10.2021 has held that complainant who is wife of applicant was inflicting cruelty on the present applicant. Omnibus allegations have been levelled against the applicant.

After hearing learned counsel hearing the petitioner and perusing the record, this court deems it appropriate to allow this petition. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/25/2023 5:08:59 PM

Accordingly, petition is allowed. The FIR bearing crime No.37/2020 registered at Mahila Thana District Gwalior for the offence punishable under Section 498-A, 34 of IPC and Section 4 of Dowry Prohibition Act against the petitioner and the criminal proceedings pending in JMFC court Gwalior case No.904/2020 (Police Station Mahila Thana Padav Vs. Jitendra Arya and Ors.) are hereby quashed.

Petition stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/25/2023 5:08:59 PM