IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON’BLE SMT. JUSTICE ANJULI PALO
ON THE 24th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 36610 of 2019
BETWEEN:-
1. JANARDAN PRASAD TIWARI S/O LATE SHRI B.L.
TIWARI, AGED ABOUT 75 YEARS,
OCCUPATION: RETIRED GOVT. EMP.
1123 SAPTAK BHAWAN VIJAY NAGAR (MADHYA PRADESH)
2. SMT. RAJNI TIWARI W/O SHRI JANARDAN
PRASAD TIWARI, AGED ABOUT 70 YEARS,
OCCUPATION: HOUSEWIFE
1123 SAPTAK BHAWAN VIJAY NAGAR (MADHYA PRADESH)
3. SMT. PRAGYA SHARMA W/O LATE SHRI SUMIT
SHARMA, AGED ABOUT 42 YEARS,
OCCUPATION: GOVT. EMPLOYEE/HANDICAPPED
1123 SAPTAK BHAWAN VIJAY NAGAR (MADHYA PRADESH)
4. SMT. SHEFALI TIWARI (PATEL) W/O SHRI RAJESH
PATEL, AGED ABOUT 36 YEARS,
OCCUPATION: GOVT. EMPLOYEE/HANDICAPPED
E/10 ADHIKSHAK COLONY (MADHYA PRADESH)
5. DIVYA CHATURVEDI W/O SHALABH
CHATURVEDI, AGED ABOUT 38 YEARS,
OCCUPATION: HOUSEWIFE
GAYATRI SADHNA MAHAL DAYANANAD PS CITY KOPTWALI (CHHATTISGARH)…..APPLICANTS
(BY SHRI SANDEEP MAHAWAR – ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THR. P.S.VIJAY NAGAR VIJAY NAGAR JABALPUR (MADHYA PRADESH)
2. SMT. SHIVANI TIWARI W/O SHRI CHINMAY TIWARI,
AGED ABOUT 33 YEARS,
1123 SAPTAK BHAWAN VIJAY NAGAR
AT PRESENT 124 SARAFA WARD DARHAI CHOWK JABALPUR (MADHYA PRADESH)…..RESPONDENTS
(MS. PUSHPANJALI DWIVEDI – PANEL LAWYER FOR RESPONDENT NO.1/STATE )
(SHRI SAMPOORN TIWARI – ADVOCATE FOR RESPONDENT NO.2)
This application coming on for admission this day, the court passed the following:
ORDER
The applicants have filed this petition invoking the extraordinary jurisdiction of this Court under Section 482 to quash the FIR dated 26.3.2018 registered vide Crime No. 89/2018 and RCT No. 3232/2019.
The facts of the case, in short, are that on 26.3.2018, complainant Shivani Tiwari lodged a report at Police Station Vijay Nagar, District Jabalpur alleging that in the intervening night of 11/12.3.2018, a quarrel took place between the complainant and her husband Chinmay Tiwari and during aforesaid quarrel, the husband of the complainant assaulted her as a result of which she sustained fracture on her head. On the basis of aforesaid complaint, an FIR was registered by the Police against the applicants vide Crime No. 89/2018 for offence punishable under Section 325 of IPC. During investigation, the complainant alleged that her husband and in-laws (present applicants) harassed her physically and mentally for dowry. On the basis of aforesaid allegation, the Police added offences under Sections 326, 498-A, 34 of IPC and filed final report/charge sheet before the competent Court.
This petition has been filed by the applicant on the grounds that the applicants have been falsely implicated in this case by the complainant.
Allegation against the applicants for offence under Section 326 of IPC is not corroborated by the medical evidence. The aforesaid offence has been added only in order to make the offence more grievous against the present applicants. It is further submitted that there is no specific allegation against the applicants regarding demand of dowry. Applicant Nos. 4 and 5 are married sister-in-laws of the complainant, they reside separately. Applicant No. 4 resides at Narsinghpur and applicant No. 5 resides at Bilaspur. Applicant Nos. 4 and 5 are government employees. In view of the aforesaid, it is prayed that impugned FIR and its consequential proceedings may be quashed.
Learned Panel Lawyer has opposed the prayer.
Learned counsel for the complainant has not raised any objection to the contention of learned counsel for the applicants.
I have heard learned counsel for the parties and gone through the statement of complainant recorded during investigation. The complainant in her statement has not levelled any serious or specific allegations against the applicants. On perusal of the record filed by the applicants, no incriminating material has been found against the present applicants. Apart from that learned counsel for the complainant has stated that he has no objection if the proceedings are quashed against the present applicants.
In view of the aforesaid, this petition is allowed. FIR dated 26.3.2018 registered vide Crime No. 89/2018 at Police Station Vijay Nagar, District Jabalpur and its consequential proceedings against the present applicants are hereby quashed. The applicants are discharged from the aforesaid charges. Let a copy of this order be set to the trial Court for information and necessary action.