Madhya Pradesh High Court
Rajendra Kumar Girdharwal vs The State Of Madhya Pradesh on 14 February, 2023
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 14 th OF FEBRUARY, 2023
MISC. CRIMINAL CASE No. 7123 of 2023
BETWEEN:-
1. RAJENDRA KUMAR GIRDHARWAL S/O
VITTHALLAL GIRDHARWAL, AGED ABOUT 73
Y E A R S , OCCUPATION: RETIRED R/O 106,
SHRINATH EXOTICA, CHIMANBAG, MG ROAD,
INDORE (MADHYA PRADESH)
2. PREMLATA W/O RAJENDRA KUMAR
GIRDHARWAL, AGED ABOUT 68 YEARS,
OCCUPATION: HOUSEHOLD R/O 106, SHRINATH
EXOTICA, CHIMANBAG, MG ROAD, INDORE
(MADHYA PRADESH)
.....APPLICANTS
(SHRI MURTUZA BOHRA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION TEJAJI NAGAR DISTRICT
INDORE (MADHYA PRADESH)
2. NEHA NEGI D/O DINESH NEGI, AGED ABOUT 38
YEARS, R/O 174, PEACE POINT COLONY, NEAR
PANCHMUKHI GANESH MANDIR, LIMBODI,
KHANDWA ROAD, INDORE (MADHYA PRADESH)
.....RESPONDENTS
( SHRI AMIT SINGH SISODIA - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
The applicants have filed the present petition seeking quashment of the
FIR as well as the charge sheet filed against the applicants registered for offence
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 16-02-2023
11:24:47
under Sections 498-A, 323, 34, 506 of IPC registered at at police Station, Tejaji
Nagar, Indore vide Crime No.788/2022.
An FIR at the instance of Neha Negi has been lodged who was married
with Nitin 12 years ago against the applicants who are father-in-law and mother-
in-law. She submitted a written complaint alleging that she was subjected to
cruelty by the husband and the applicants, hence, she had to leave their house
and started living in a rented house from 18.08.2022 near her father's house. On
04.12.2022 the applicants tress passed in the house of her father in order to take
daughter from his custody. They assaulted the complainant as well as her father
and disturbed the house hold articles. A complaint was registered and
complainant as well as her father were sent for medical examination. The MLC
was conducted and thereafter FIR was registered for offence under Sections
498-A, 323, 34, 506 of IPC against husband and the present applicants. In
support of the allegations complainant was examined and her statement was
recorded under Section 161 of Cr.P.C. and thereafter police recorded the
statements of brother, father, mother and one neighbour Mr. Verma
Superintendent of Police, GST. After completing investigation charge sheet has
been filed.
Learned counsel for the applicants submits that on the basis of the
omnibus allegations in the FIR, police has wrongly registered FIR against these
applicants. It is further submitted that the marriage was solemnized in the year
2012 and FIR was lodged after ten years. Learned counsel has placed reliance
on the judgment of this Court as well as the Patna High Court in the case of Kul
Bhushan Gupta and others Vs. State of M.P. and another order dated
11.11.2022 in M.Cr.C.No.46786/2019 and Kumari Priya Gpta and
others Vs. State of Bihar and another Criminal Miscellaneous
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 16-02-2023
11:24:47
No.19149/2015 order dated 16.07.2019 in which the registration of FIR
under Sections 304-B, 498 of IPC on the basis of omnibus allegations against
the number of relatives of the husband have been deprecated and quashed,
therefore, the applicants have made out a case for quashment of the FIR.
Learned Government Advocate submits in FIR there are specific
allegations against these applications in respect of the incident which took place
on 04.12.2022 and immediately the FIR was registered on the same day. The
complainant as well as her father sustained injuries and they were medically
examined. Not only the complainant and her parents have recorded their
statement, but independent witness who is a government officer has also
recorded the statement under Section 161 of Cr.P.C. in respect of the
applicants entering into the house of the father of the complainant and assaulting
them. He has placed reliance on the judgment passed in the case of State of
Haryana Vs. Bhajanlal reported in 1992 Supp (1) SCC 335.
The entire charge sheet is filed alongwith the M.Cr.C. I have perused the
same.
There are specific allegations in respect of incident which took place on
04.12.2022. From the allegations levelled in the FIR, prima facie they constitutes
an offence under Sections 498-A, 323, 34 and 506 of IPC against the
applicants. When allegations constitute an offence under IPC, then the High
Court should not exercise power under Section 482 of Cr.P.C. to quash the
FIR. So far as the delay is concerned, the FIR is based on the incident which
took place on 04.12.2022 irrespective of the fact that marriage was solemnized
in the year 2012 and on the same day FIR was lodged, hence, there is no delay.
There is no implication against other family members but specific overt act of
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 16-02-2023
11:24:47
these two applicants are described in the FIR. There is no allegations against the
other distinct relatives who are not residing in the house, hence, it cannot be
said that it is a misuse of the process of the Court.
In view of the aforesaid, no case for interference is made out in this
petition and the same is liable to be dismissed and is hereby dismissed.
However, above observations are made by this Court only to decide the
petition filed under Section 482 of Cr.P.C.. The trial Court shall not be
influenced while deciding the trial.
(VIVEK RUSIA)
JUDGE
RJ
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 16-02-2023
11:24:47
