Madhya Pradesh High Court
Pravendra Sharma vs The State Of Madhya Pradesh on 28 October, 2015
MCRC.No.1845/2015
28.10.2015
Shri Sanjay Kumar Sharma, Advocate for the applicants.
Shri R.S.Sharma, Panel Lawyer for the respondent
No.1/State.
Heard on I.A.No.1640/2015, an application for staying the proceedings of Criminal Case No.1230/2014 pending in the Court of Judicial Magistrate First Class, Bhind.
The applicants have filed this petition for invoking the extra-ordinary jurisdiction under Section 482 of Cr.P.C. for quashing the FIR bearing Crime No.267/2014 dated 05.07.2014 registered at Police Station Dehat, District Bhind for offences under Section 498A, 323 read with Section 34 of IPC and Section 3/4 of Prohibition of Dowry Act at the instance of respondent No.2-complainant.
Learned counsel for the petitioners pray that criminal proceeding which is in progress may kindly be stayed. The petitioners further claim that the petitioner No.1 has filed a petition under Section 13 of the Hindu Marriage Act, 1955 which has been registered as case no.126/2014 (HMA) pending before the Family Court, Bhind. Subsequently, the respondent No.2 has lodged the FIR bearing crime no.267/2014 which is maliciously instituted with an ulterior MCRC.No.1845/2015 motive for wreaking vengeance on the accused/petitioners and with a view to spite them due to personal grudge. Learned counsel for the petitioners has placed reliance on the judgment of this Court dated 13.02.2014 pronounced in Ravikant Dubey and others Vs. State of M.P. and another decided as M.Cr.C.No.5944/2012. He has further relied on State of Haryana and others Vs. Bhajan Lal and others reported as 1992 SCC (Cri) 426.
Keeping in view that the FIR was registered at a later date after the petition for divorce was filed against her by the petitioner No.1, it is ordered that further proceedings in Criminal Case No.1230/2014 pending in the Court of Judicial Magistrate First Class, Bhind shall remain stayed till further orders.
Let notice be issued to the respondent No.2 on payment of process fee, by registered AD as well as ordinary mode within a period of six working days. Notice be made returnable within three weeks.
List the case after three weeks.
(S.K.Palo) Judge AK/-