Kailu @ Kailash Parashar vs The State Of Madhya Pradesh
2023 Latest Caselaw 8862 MP

                                 1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 15 th OF JUNE, 2023
              MISC. CRIMINAL CASE No. 21047 of 2023

BETWEEN:-
1.    KAILU @ KAILASH PARASHAR S/O LATE
      PREMNARAYAN PARASHAR, AGED ABOUT 55
      Y E A R S , R/O NAUGAJA ROAD SHINDE KI
      CHHAWANI, LASHKAR, GWALIOR (MADHYA
      PRADESH)

2.    SANTOSH PARASHAR S/O LATE JUGAL KISHORE
      PARASHAR, AGED ABOUT 45 YEARS, R/O NAUGJA
      ROAD, SHINDE KI CHHAWANI, LASHKAR,
      DISTRICT- GWALIOR (MADHYA PRADESH)

3.    MAHANT     BALAKDAS   S/O    LATE    SHRI
      JUGALKISHORE, AGED ABOUT 60 YEARS, NAUGJA
      ROAD, SHINDE KI CHHAWANI, LASHKAR,
      DISTRICT-GWALIOR (MADHYA PRADESH)

                                                            .....APPLICANTS
(BY SHRI PREM SINGH BHADOURIA- ADVOCATE)

AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION- INDARGANJ, DISTRICT- GWALIOR (MADHYA
PRADESH)

                                                           .....RESPONDENT
(BY SMT. KALPANA PARMAR- PANEL LAWYER)

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

This petition under Section 482 of Cr.P.C. has been filed by the applicants for quashing of FIR 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 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 basis of aforesaid, FIR bearing Crime No.122/2014 was registered against the applicants at Police Station- Inderganj, District- Gwalior for the offence punishable under Section 225 of IPC.

Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the case. Applicants are

permanent resident of District- Gwalior (M.P.). It is further submitted that applicants have already been acquitted by this Hon'ble Court from the offence under Section 306 of IPC and the main accused Ashok Parashar has already been acquitted by the trial Court vide order dated 25.04.2023 passed in S.T. No.6400171/2014. Learned counsel for the applicants 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) . Under these submissions, he prays for quashment of the aforesaid FIR and all consequential proceedings.

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

Looking to the facts and circumstances of the case and allegations made in the FIR against the applicants, prima facie, offence under Section 225 of IPC is not made out against the applicants.

Accordingly, the instant petition deserves to be and is hereby allowed.

FIR registered as Crime No.122/2014 at Police Station- Indarganj, District- Gwalior (M.P.) against the applicants for the offence punishable under Section 225 of IPC and all subsequent proceedings arising therefrom are hereby quashed. Applicants are discharged from all the charges of the present case.

Petition stands allowed and disposed of.

(DEEPAK KUMAR AGARWAL) RAHUL SINGH Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, JUDGE rahul 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473fe779

PARIHAR 53f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B55575 E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.06.16 17:31:59 +05'30'