Madhya Pradesh High Court
Govind Narayan Raghuvanshi vs The State Of Madhya Pradesh on 26 February, 2022
Author: Atul Sreedharan
Bench: Atul Sreedharan
1
The High Court Of Madhya Pradesh
MCRC No. 10626 of 2022
(GOVIND NARAYAN RAGHUVANSHI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 26-02-2022
Mr.Vijay Shankar Pandey, learned counsel for the petitioners.
Mr.S.K.Kashyap, learned Government Advocate for the respondent/State.
Issue notice to the respondent no.2 on payment of process fee within a period of five days by both modes.
Notice be made returnable within a period of four weeks. Heard on I.A.No.3574/2022, which is an application for grant of stay.
The petitioner no.1 is aged about 80 years and is the father-in-law of the respondent no.2, the petitioner no.2 is aged about 66 years and is mother-in-law of the respondent no.2 and the petitioner no.3-Rahul Thakur is a hire hand who has been engaged by the son of the petitioners as a caretaker of the petitioner nos.1 and 2 keeping in mind their old age. The respondent no.2 got the FIR registered against the petitioners herein on the basis of an incident which is alleged to have taken place on 10.03.2021. The respondent no.2 gave a hand written complaint to the SHO of Police Station-Bareli, District-Raisen in which she stated that on 10.03.2021 she along with her son-Rohan had gone to the village where the matrimonial home of the respondent no.2 was situated as the son had to give an exam there. She says that she is daughter-in-law of the said house and that till date there is no divorce between her and her husband and, therefore, she and her son has right to live in the said house. It is essential to point out here that there is no allegation of any kind of assault or violence by anyone in the first hand written report given by the respondent no.2 to the police.
The brief backgrounds of this case are as follows:- The marriage between the respondent no.2 and the son of the petitioner nos.1 and 2 took place on 07.12.2002. Initially they stayed together in Mumbai till the year 2014. In 2015, they shifted to Bhopal. In 2015, the respondent no.2 deserted the matrimonial home. In 2017, the husband of the respondent no.2 filed a petition for divorce under section Signature Not Verified SAN 13 of Hindu Marriage Act on the grounds of cruelty. In 2018, the respondent no.2 Digitally signed by RAVIKANT KEWAT Date: 2022.03.02 16:53:29 IST filed an application under section 125 of Cr.P.C. for maintenance in which she has 2 already been granted interim maintenance of Rs.20,000/- per month. Both the petitions under sections 13 and 125 are pending before the respective courts. In 2021 is the date of the incident when she came to the village. However, the FIR that has been registered by her, escalates the original complaint given by her to the police. The initial portion of the FIR shows that how there are pending cases between her husband and her with regard to the divorce petition. She says that she came on 24.02.2021 at about 7:30 am to the ancestral house of her husband, where the petitioners were residing. In short, she says that her son and she were assaulted by the petitioner nos.1, 2 and 3. The assault is in the nature of the slap being given to them by the petitioners. Subsequently, 15 days after the incident on 10.03.2021, she registered the FIR and MLC is also done, which does not reveal any kind of injury or even the mark of the injury.
Under the circumstances, on a prima-facie appreciation of the facts of this case, I am satisfied that the interim protection should be granted to the petitioners herein. It is also pertinent to mention here that only her father-in-laws, mother-in- law and the helper have been made accused in the FIR but not the husband, which shows that the FIR is malicious and register only to put an extraneous pressure on the husband.
Under the circumstances, I.A.No.3574/2022 is allowed and further proceedings pending before the Judicial Magistrate First Class, Bareli, in RCT No.558/2021 (State Vs. Govind Narayan & Others) shall remain stayed, till the next date of hearing.
List this case on 20.04.2022.
C.C. as per rules.
(ATUL SREEDHARAN) JUDGE rk.
Signature Not Verified SAN Digitally signed by RAVIKANT KEWAT Date: 2022.03.02 16:53:29 IST