Mamta Bhadoriya vs Sonu Alias Vijay Singh
2023 Latest Caselaw 6885 MP

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                             IN    THE     HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 27 th OF APRIL, 2023
                                           CRIMINAL APPEAL No. 7510 of 2022

                            BETWEEN:-
                            MAMTA BHADORIYA W/O VIJAY SINGHALIAS SONU
                            BHADORIYA, AGED ABOUT 34 YEARS, SHIV CHHAYA
                            APARTMENT CHITERA OLI KAMPOO DIST. GWALIOR
                            (MADHYA PRADESH)

                                                                               .....APPELLANT
                            (BY SHRI YASH SHARMA - ADVOCATE)

                            AND
                            1.    SONU ALIAS VIJAY SINGH S/O LOKENDRA SINGH
                                  BHADORIYA, AGED ABOUT 32 YEARS, SIKANDAR
                                  KAMPOO NEAR POWER HOUSE (MADHYA
                                  PRADESH)

                            2.    LOKENDRA SINGH S/O LATE SHRI DASHRATH
                                  SINGH BHADORIYA, AGED ABOUT 59 YEARS,
                                  SIKANDAR KAMPOO, NEAR POWER HOUSE
                                  (MADHYA PRADESH)

                            3.    RAJKUMARI BHADORIYA W/O SHRI LOKENDRA
                                  SINGH BHADORIYA, AGED ABOUT 54 YEARS,
                                  SIKANDAR KAMPOO, NEAR POWER HOUSE
                                  (MADHYA PRADESH)

                            4.    NITIN BHADORIYA S/O SHRI LOKENDRA SINGH
                                  BHADORIYA, AGED ABOUT 29 YEARS, SIKANDAR
                                  KAMPOO, NEAR POWER HOUSE (MADHYA
                                  PRADESH)

                            5.    JYOTI BHADORIYA W/O SHRI VIJAY SINGH, AGED
                                  ABOUT 30 YEARS, SIKANDAR KAMPOO, NEAR
                                  POWER HOUSE (MADHYA PRADESH)

                            6.    STATION HOUSE OFFICER THE STATE OF
                                  MADHYA    PRADESH THROUGH P.S. MAHILA
                                  THANA (MADHYA PRADESH)
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 4/28/2023
10:55:40 AM
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                                                                                          .....RESPONDENTS
                            (BY SHRI SUSHANT TIWARI - PUBLIC PROSECUTOR)

                                  Th is appeal coming on for hearing this day, t h e court passed the
                            following:
                                                                ORDER

The present appeal under Section 372 of CrPC has been filed by appellant- complainant against the judgment of acquittal dated 04.08.2022 passed by JMFC, Gwalior in case No. RCT 6235/2016, whereby private respondent has been acquitted from the charges under Sections 498-A, 323/34 and 494 of IPC and Section 4 of Dowry Prohibition Act and other accused persons have been acquitted from the charges respondents have been acquitted

of charges under Sections 498-A, 323/34 of IPC and Section 4 of Dowry Prohibition Act.

Prosecution case in short is that present appellant was duly married to Soun Bhadoriya at Arya Samaj Temple on dated 07.04.2012 and respondent No.1 has illegally married to private respondent no.5 and this fact came into the knowledge of the appellant one year ago and her in-laws used to beaten up the present appellant and also demanded dowry of Rs.5 lacs. On the basis of the same, a crime was registered against accused persons bearing its Crime No.96/2016 at P.S. Mahila Thana, Padav, District Gwalior (M.P.). The accused were arrested and their statements were recorded. After completion of investigation and other formalities, charge sheet was filed before the competent Court. The learned trial Court after marshalling the evidence of prosecution witnesses and the materials available before it, acquitted accused persons of aforesaid offence vide impugned judgment.

It is submitted by counsel for the appellant that the learned trial Court has

Signature Not Verified committed an error in acquitting the accused persons. Signed by: VIJAY TRIPATHI Signing time: 4/28/2023 10:55:40 AM

Heard learned counsel for the parties.

It is settled principle of law that the High Court should interfere with the judgment and order of acquittal passed by the trial Court if it arrives at a finding that the trial Court's decision is perverse or otherwise unsustainable.

On going through the evidence of prosecution witnesses and the materials available on record, this Court does not find any illegality or perversity in passing the judgment of acquittal. Accordingly, this appeal fails and is hereby dismissed in limine.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/28/2023 10:55:40 AM