Shiva Parashar vs The State Of Madhya Pradesh
2023 Latest Caselaw 6891 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 27 th OF APRIL, 2023
                                        MISC. CRIMINAL CASE No. 12954 of 2019

                          BETWEEN:-
                          1.    SHIVA PARASHAR S/O SHRI ASHOK PARASHAR,
                                AGED    ABOUT    27   YEARS, OCCUPATION:
                                ADVOCATE R/O NOUGAJA ROAD SHINDE KI
                                CHHAWANI LASHKAR GWALIOR (MADHYA
                                PRADESH)

                          2.    ROHIT PARASHAR S/O SHRI KAILASH PARASHAR,
                                AGED    ABOUT     26   YEARS, OCCUPATION:
                                ADVOCATE R/O NOGJA ROAD SHINDE KI
                                CHAWANI   LASHKAR    GWALIOR     (MADHYA
                                PRADESH)

                                                                                        .....PETITIONERS
                          (BY SHRI RAJMANI BANSAL - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION INDERGANJ GWALIOR (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (BY SHRI PRAMOD PACHOURI - PUBLIC PROSECUTOR)

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

This petition under Section 482 of Cr.P.C. has been filed for quashing of F IR registered as Crime No.122/2014 at Police Station- Inderganj, District- Gwalior (M.P.) for the offence punishable under Section 225 of IPC.

Allegation against the applicants is that they helped the accused person to fled away, when police reached the house of applicants to arrest the main Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/27/2023 9:21:06 AM

accused of the offence i.e., Ashok Parashar. Due to help of his family members as applicants, main accused fled away from the spot. On the said basis, Crime No.122/2014 at Police Station- Inderganj, District- Gwalior for the offence under Section 225 of IPC was registered against the applicants.

Learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in the case. Petitioners are permanent resident of District Gwalior (M.P.). It is further submitted that petitioners have already been acquitted from the offence under Section 306 of IPC from the High Court and the main accused Ashok Parashar has been acquitted from the trial Court vide order dated 25.04.2023 passed in S.T. No. 6400171/2014.

Learned counsel for the petitioners has relied upon the judgment passed by the Coordinate Bench of this Court in CRR No.244/2015 in the case of (Shiva Parashar & Another Vs. State of M.P. & Another). In view of the aforesaid judgment, he prays for quashment of the aforesaid FIR and all other consequential proceedings.

Per contra, learned counsel for the State vehemently opposed the prayer and prayed for its rejection.

Looking to the allegations made in the FIR available on record, prima facie no offence is made out against the petitioners for commission of offence under Section 225 of IPC.

In view of the aforesaid, the instant petition deserves to be and is hereby allowed.

Consequently, FIR registered in Crime No.122/2014 at police station Inderganj, Gwalior against the petitioners for offence under Section 225 of IPC and all the subsequent proceedings is hereby quashed.

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/27/2023 9:21:06 AM

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/27/2023 9:21:06 AM