Madhya Pradesh High Court
Chandra Shekhar Jaiswal vs The State Of Madhya Pradesh on 9 May, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 9 th OF MAY, 2023
MISC. CRIMINAL CASE No. 8213 of 2014
BETWEEN:-
1. CHANDRA SHEKHAR JAISWAL S/O SHRI
BALKISHNA JAISWAL, AGED ABOUT 31 YEARS,
OCCUPATION: CIVIL JUDGE CLASS-I, POHARI,
DISTRICT SHIVPURI (MADHYA PRADESH)
2. SHRIMATI POOJA KAUSHIK W/O SHRI CHANDRA
SHEKHAR JAILSWAL, AGED ABOUT 30 YEARS,
OCCUPATION- ASSISTANT DISTRICT
PROSECUTION OFFICER, RESIDENT OF F-3
BLOCK COLONY POHARI, DISTRICT SHIVPURI
(MADHYA PRADESH)
.....PETITIONERS
(SHRI R. K. SHARMA- LEARNED SENIOR COUNSEL WITH SHRI M.K.
CHAUDHARY AND SHRI V. K. AGRAWAL- LEARNEDCOUNSEL FOR THE
PETITIONERS )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
MAHILA POLICE STATION DISTRICT GWALIOR
(MADHYA PRADESH)
2. SHRIMATI PRIYANKA JAISWAL W/O SHRI
NEERAJ JAISWAL, AGED ABOUT 25 YEARS,
RESIDENT OF MAHADIK KI GOTH, GADDEWALA
MOHALLA, KAMPOO, LASHKAR AT PRESENT 148,
APNAGHAR COLONY, NEAR MASTAN BABA KI
DARGAH, BAHODAPUR, DISTRICT GWALIOR
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI PRAMOD PACHAURI- LEARNED COUNSEL FOR THE
RESPONDENT NO.1- STATE AND NONE FOR RESPONDENT NO.2 IN THE
FIRST ROUND AND EVEN IN THE SECOND ROUND )
This petition coming on for hearing this day, the Court passed the
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 5/10/2023
6:11:15 PM
2
following:
ORDER
This petition has been filed under Section 482 of Cr.P.C. by the petitioners, who are Dewar (brother-in-law) and Dewrani (sister-in-law) of complainant herein respondent No.2 for quashing FIR vide crime No.125 of 2014 registered at Mahila Police Station, Gwalior, for offences punishable under Sections 498-A, 506, 294, 354, 34 of IPC and Section 3/4 of the Dowry Prohibition Act as well as other criminal proceedings flowing out of said crime.
(2) Facts giving rise to present petition in short are that respondent no.2- complainant made a written complaint to SP, Gwalior alleging therein that her marriage was solemnized with Neeraj Jaiswal on 27-01-2012 at Gwalior and at the time of marriage, although sufficient dowry was given by her family members but her husband inlaws used to torture her in respect of demand of Rs.5 lac and it is further alleged that her father-in-law caught hold of her hand. On account of this complaint, she is living separately from her husband in Durga Colony, Lashkar, Gwalior in a rented house. It is further alleged that that petitioner no.2 who belongs to Brahman community got married with petitioner no.1 who belongs to Jaiswal community on 25-05-2014 and in that inter-caste marriage, the parents of complainant were not invited and the complainant was misbehaved and it is further alleged thatthe complainant was abused and beaten by her husband and several complainant were made to the police authorities in this regard. On the basis of written complaint, the City Superintendent of Police gave a direction to Mahila Police Station, Gwalior vide letter dated 29-08-2014 for registration of FIR and on that basis, impugned FIR has been registered against fourteen persons including the present petitioners for commission of aforesaid offences as mentioned in para 1 above.
Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/10/2023 6:11:15 PM 3(3) It is contended by learned Senior Counsel appearing for the petitioners that there is no idota of evidence against present petitioners and no overt act is attributed against them regarding the incident. The respondent no.2 was not happy with the inter-caste marriage performed by petitioners and her intention was to perform the marriage with a girl of her family. Both petitioners are being classmates and tied their knot which creates annoyance to respondent no.2. Prior to date of marriage, petitioner no.1 was initially selected as Civil Judge in the year 2007 and thereafter, posted at Sagar and then in April 2012, he was transferred to Pohari, District Shivpuri where at present he is posted as Civil Judge, Class-I. Similarly, after selection of petitioner no.2 on the post of ADPO in the year 2012, she was posted at Shivpuri and in July, 2014 she was transferred to Pohari, District Shivpuri. Both the petitioners are living separately in Shivpuri from the complainant and her husband who are living in Gwalior. The complainant with an ulterior motive and mala fide intention concocted a false case against entire inlaws family including the petitioners by misusing power of her father and brother who are claiming themselves to be journalists and the parents of complainant had also given various threats to petitioners. In this regard, petitioners have already filed written complainant before the higher police officials. Only omnibus and vague allegations have been made by complainant in order to pressurizing petitioners. Since petitioners are being Gazetted Officers, they are leading very happy and peaceful life as well as living separately from the complainant and her husband and there is no role attributed against petitioners either physically or mentally torture or cruelty made to complainant or any dowry was demanded by them. On the influence of the father and brother of complainant, Police has registered the impugned FIR Signature Not Verified against petitioners. It is further contended by learned Senior counsel that Signed by: MAHENDRA BARIK Signing time: 5/10/2023 6:11:15 PM 4 proceedings against the petitioners are if allowed to continue, then it would be a sheer abuse of process of law and it would cause harassment and torture to the petitioners without any fault on their parts. It is further contended that now-a- days, a tendency is increasing day-by-day of falsely implicating near and dear relatives of husband so as to pressurize them. So far as offence under Section 498-A of IPC and Dowry Prohibition Act is concerned, the Hon'ble Supreme Court in the matter of Rajesh Sharma and others vs. State of UP and Another decided on 27-07-2017 (CRA No. 1265 of 2017) has judicially acknowledged the misuse of provisions of aforesaid Section 498-A of IPC and Dowry Prohibition Act. By relying on the judgments passed by the Hon'ble Supreme Court in the case of Kans Raj vs. State of Punjab (2000) 5 SCC 207, Geeta Mehrotra vs. State of UP (2012) 10 SCC 741 and Preeti Gupta vs. State of Jharkhand (2010) 7 SCC 667, it is contended that allegations made against petitioners are wholly omnibus and have apparently been made to falsely implicate them. A tendency is increasing in the society to falsely and over-implicate the relatives of husband so as to pressurize them. Therefore, aforesaid FIR against the petitioners be quashed.
(4) Learned counsel for State opposed the contentions of petitioners and prayed for dismissal of this petition.
(5) The Hon'ble Apex Court in the case of Kans Raj (supra) has observed that a tendency has developed for roping in all relations of the husband on the part of the wife. Mere naming them in the FIR is not enough to summon them in the absence of any specific role and material to support such role. Similarly, in the case of Geeta Mehrotra (supra), Hon'ble Apex Court has observed that if in a case of dowry related offences, the names of Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/10/2023 6:11:15 PM 5 husband's relatives are casually mentioned in the FIR and the contents of it, do not disclose their active involvement, cognizance of matter against them would not be justified. Further, in the matter of Preeti Gupta (supra), the Hon'ble Apex Court has observed that it is a matter of common experience that most of complaints under Section 498-A of IPC are filed in the heat of moment over trivial issues without proper deliberations and therefore, such complaints are not even bone fide and are filed with oblique motive.
(6) If entire facts and circumstances of the case along with allegations made against petitioners are considered in the light of aforesaid judgments passed by Hon'ble Apex Court, then it is clear that only vague and omnibus allegations have been made against them. Since petitioners are living separately and there is no specific allegation against them regarding the commission of aforesaid offences, therefore, vague and omnibus allegations cannot be treated as sufficient material to prosecute them who otherwise do not have anything to do with the family affairs of complainant and her husband.
(7) Accordingly, FIR vide Crime No.125 of 2014 registered at Mahila Police Station, Gwalior, for offences punishable under Sections 498-A, 506, 294, 354, 34 of IPC and Section 3/4 of the Dowry Prohibition Act as well as other criminal proceedings flowing out of said crime are hereby quashed against the petitioners.
(8) In view of above, petition stands allowed and disposed of. Let copy of this order be sent to the concerned Police Station.
(DEEPAK KUMAR AGARWAL) JUDGE MKB Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/10/2023 6:11:15 PM 6 Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/10/2023 6:11:15 PM