Arshpreet Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 285 MP

                                                                                 1


                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                    AT I N D O R E
                                                                           BEFORE
                                       HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

                                                        ON THE 5th OF JANUARY, 2023

                                               MISC. CRIMINAL CASE No. 57342 of 2021

                          BETWEEN:-
                          ARSHPREET SINGH S/O BALVINDER, AGED
                          ABOUT 30 YEARS, OCCUPATION: IN INDIAN
                          ARMY    VILL-VADALAKALAN  TEH.   BABA
                          BAKALA SAHIB (PUNJAB)
                                                                                                                    .....APPLICANT
                          (BY SHRI MANISH KUMAR VIJAYWARGIYA, ADVOCATE)

                          AND
                             THE STATE OF MADHYA PRADESH STATION
                          1. HOUSE OFFICER THR. P.S. VIJAY NAGAR
                             (MADHYA PRADESH)
                             PRITI MALVIYA D/O KAMAL KUMAR W/O
                             ARSHPREET SINGH, AGED ABOUT 33 YEARS,
                          2. OCCUPATION: PRIVATE JOB 311-A/1, SEVA
                             SARDAR NAGAR PALASIA, INDORE (MADHYA
                             PRADESH)
                                                                                                              .....RESPONDENTS
                          (BY SHRI S. S. THAKUR, GOVERNMENT ADVOCATE FOR STATE AND SHRI
                          SURENDRA GUPTA, ADVOCATE FOR RESPONDENT NO.2)
                          ......................................................................................................................

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

                                                                            ORDER

This second application/petition has been filed by the petitioner under Section 482 of the Cr.P.C. for quashing the FIR and further

Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 09-Jan-23 6:52:37 PM

proceedings of the Trial Court in Special S.T. No.44 of 2017 where the petitioner is facing the trial under Section 376(2)(N), 506 Part II of IPC and under Section 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 in the Special Court under S.C. & S.T. (Prevention of Atrocities) Act, 1989 Indore. 2] His earlier application/petition u/s.482 of Cr.P.C., M.Cr.C. No.41026/2021 has already been dismissed by this Court as withdrawn vide order dated 30.09.2021.

3] The present application has been filed on the ground that the petitioner and the prosecutrix solemnized marriage on 16.04.2019, however, the FIR in the present case was lodged only on 12.04.2019. Initially, the case of the prosecutrix was that, since after the FIR was lodged, the petitioner, with a view to settle the matter, solemnized marriage with her, however, soon after the marriage when the petitioner was granted bail by this Court on 03.05.2019, the behaviour of the petitioner changed and he again started harassing her, cfounsel for the petitioner has submitted that ingredients of s.376 of IPC are clearly missing in the present case as the prosecutrix is already married to the petitioner, and the dispute is matrimonial one. 4] The prosecutrix, who is present in person has submitted that all the disputes have already been settled and she does not wish to prosecute the matter any further.

5] Counsel appearing for the petitioner has also drawn the attention of this Court to the deposition of the prosecutrix, who has been examined in the Trial Court on 24.11.2022 only wherein she has not supported the case of the prosecution and has also turned hostile and on her re-examination also she has also not supported the case of the

Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 09-Jan-23 6:52:37 PM

prosecution. Thus, it is submitted that since no dispute is present between the parties, the proceedings of the Trial Court may be quashed as its continuance would only lead to further waste of valuable time of the Court as no decision in favour of the prosecution can be passed by the Trial Court. Counsel has also relied upon the judgment passed by the Supreme Court in the case of Dr. Dhruvarm Murlidhar Sonar Vs State of Maharashtra and Others reported as (2020) 3 SCC (Cri)

6] Counsel appearing for the prosecutrix has also submitted that the matter has been resolved between the parties and thus, the petition may be allowed and the proceedings be quashed.

7] Heard. On due consideration of rival submissions, and on perusal of the documents filed on record and also after enquiring from the prosecutrix who is present in the court and has stated that she does not wish to prosecute the matter any further, and also taking note of the aforesaid decision rendered by the Supreme Court, this Court is inclined to allow the present petition as the continuation of the further proceedings would only lead to waste of valuable time to the Court in respect of the matter, the decision of which is a foregone conclusion. 8] In view of the same, the petition stands allowed and it is directed that the FIR registered at Crime No.0366 of 2019 at Police Station Vijay Nagar, Indore and the subsequent proceedings pending in the Court of Special Judge under S.C. & S.T. (Prevention of Atrocities) Act, 1989, Indore in Special S.T. No.44 of 2017 are hereby quashed.

(Subodh Abhyankar) Judge Bahar

Signature Not Verified Signed by: BAHAR CHAWLA Signing time: 09-Jan-23 6:52:37 PM