Ku Megha Chourasiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 13818 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
     HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                     ON THE 23 rd OF AUGUST, 2023
               MISC. CRIMINAL CASE No. 33661 of 2023

BETWEEN:-
KU. MEGHA CHOURASIYA S/O SHRI PURUSHOTTAM
CHORASIYA, AGED ABOUT 25 YEARS, OCCUPATION:
STUDENT, R/O PATALIHANUMAN MANDIR, NAYA BAS
STAND DISTRICT SHIVPURI (MADHYA PRADESH)

                                                               .....PETITIONER
(BY SHRI ARVIND KUMAR CHAUHAN - ADVOCATE )

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      POLICE STATION INDARGARH DISTRICT DATIA
      (MADHYA PRADESH)

2.    SMT. TEJASWANI CHOURASIYA W/O SHRI
      PRASHANT CHOURASIYA, D/O SHRI ASHOK
      KUMAR CHOURASIYA, AGED ABOUT 28 YEARS,
      WARD NO. 12 GWALIOR ROAD INDARGARH,
      DISTRICT DATIA (MADHYA PRADESH)

                                                            .....RESPONDENTS
( RESPONDENT NO. 1/STATE BY SHRI NIRMAL KUMAR SHARMA - PP)

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

The instant petition under Section 482 of Cr.P.C. has been filed by the petitioner for quashing the FIR registered at Police Station Indargarh, District Datia vide Crime No.278/2023 for the offence punishable under Sections 498- A, 34 of IPC and Section 3/4 of Dowry Prohibition Act and other consequential criminal proceedings arising therefrom.

It is the submission of learned counsel for the petitioner that petitioner is Nanand of the respondent No. 2 and been falsely implicated in the matter. No specific date and place has been assigned regarding demand of dowry. Only omnibus allegations have been levelled against the petitioners. There is no independent witness to support the case of prosecution. Petitioner is sister-in- law of complainant and is married and living separately. Petitioner has a brilliant career ahead. In support of his contentions he relied upon decision of Apex Court in the matter if Kahkashan Kausar alias Somam and Ors. vs. State of Bihar SCC Online SC 162.

Learned counsel for the State on the other hand opposed the prayer and

submitted that it can be a case of false FIR; however, to prove her respective innocence, trial is necessary. He prayed for dismissal of the petition.

Heard.

From the pleadings, it appears that the grounds raised by petitioner to prove her part of innocence, can only be pleaded and proved by leading evidence and thus the grounds as tried to be raised is matter of evidence and can only be tested on the anvil of cross-examination of the witnesses. No ground is available to hold the entire story put forth by complainant as false as the FIR is named FIR. Further as submitted challan has already been filed in the matter and therefore, petitioner can raise all the grounds as raised in this petition at an appropriate stage in her defence. Merely by referring that petitioner has been falsely implicated, no conclusion can be drawn pre-empting the controversy. Best way to reach the truth is trial; wherein, cross-examination would bring forth the exact facts.

Scope of Section 482 of Cr.P.C. is very limited and it can be exercised sparingly under the extraordinary jurisdiction. Hon'ble Supreme Court in the

matter of Taramani Parakh Vs. State of M.P. & Ors., 2015 Cr.L.J. (SC) 2 0 3 1 h a s held that quashing of a charge is an exception to the rule of continuous prosecution. When the offence is even broadly satisfied, the Court should be more inclined to permit continuation of prosecution rather than its quashing at the initial stage. The Court is not expected to marshel the records with a view to decide admissibility and reliability of the documents on records but is an opinion formed prima facie. So far as reliance place by petitioner over the decision of Apex Court as well as this Court is concerned, same is not applicable in the facts and circumstances of the instant case as same moves in different factual realm as in the instant case from the contents of FIR, prima facie ingredients of offence are available against her and therefore, judgment cited by petitioner is of no held to him.

In the opinion of this Court disputed question of fact cannot be decided while exercising powers under Section 482 Cr.P.C. The Court has to accept all the allegations as true and thereafter, has to come to a conclusion. The defence raised by the accused persons cannot be considered at the stage of exercising powers undre Section 482 of Cr.P.C. and the legitimate prosecution should be be stifled at such an early stage. In the case of Vinod Raghuvanshi Vs. Ajay Arora, (2013) 10 SCC 581, Apex Court has held that it is a settled legal proposition that while considering the case for quashing of the criminal

proceedings the Court should not "Kill a stillborn child", and appropriate prosecution should not be stifled unless there are compelling circumstances to do so.

The allegation made against the petitioner do prima facie make out an offence as referred above. Further in the case in hand, challan has already been

filed and therefore, petitioner may plead her part of innocence by leading evidence oral as well as documentary in accordance with law in trial. At this stage no indulgence can be shown, case has to be seen on its own merits.

Cumulatively, petition sans merits and is hereby dismissed.

(ROOPESH CHANDRA VARSHNEY) JUDGE JPS/-

JAI       Digitally signed by JAI PRAKASH SOLANKI
          DN: c=IN, o=HIGH COURT OF MADHYA
          PRADESH BENCH GWALIOR, ou=HIGH COURT
          OF MADHYA PRADESH BENCH GWALIOR,



PRAKASH
          postalCode=474001, st=Madhya Pradesh,
          2.5.4.20=287738d30aabaeda9b10cecdf179cec
          865c7633f4cfb9e38ce14fcbb05b9522a,
          pseudonym=560BC50AD082B9BE54EE290EC8
          CB2193780D8357,



SOLANKI
          serialNumber=8D6BC1C9FCE36623D0BD6B80
          72A2D8C01433EBD48AE4F609F108CA8F8DE6
          B522, cn=JAI PRAKASH SOLANKI
          Date: 2023.08.24 10:41:09 +05'30'