Madhya Pradesh High Court
Shivnarayan vs Memkuwar on 16 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:7032
1 MCRC-1149-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 16th OF MARCH, 2026
MISC. CRIMINAL CASE No. 1149 of 2026
SHIVNARAYAN
Versus
MEMKUWAR
Appearance:
Ms Deepti Nema - Advocate for the petitioner.
Ms Surbhi Behel - Advocate for the respondent.
ORDER
This petition under Section 528 of BNSS, 2023 has been filed by the petitioner seeking quashing of the order dated 29.04.2017 passed in MJCR No. 64/2016 alongwith orders dated 29.11.2018 and 02.12.2025 passed by learned Judicial Magistrate First Class, Agar in MJCR No. 170/2017 alongwith proceedings under the provision of the Protection of Women from Domestic Violence Act, 2005[referred to as the 'Act, 2005' hereinafter].
2. The exposition of facts, giving rise to the present petition, is as under:
a. Petitioner Shivnarayanwas married to Memkunwar. There was matrimonial discord between the petitioner and his wife Memkunwar. Memkunwar filed an application u/S 12 of the Act, 2005. Learned JMFC, Agar vide order dated 29.04.2017 passed in MJCR 64/2016 partly allowed the application and directed that the respondent (petitioner herein) Shivnarayan shall pay Rs. 2,000/- p.m. for Signature Not Verified Signed by: SEHAR HASEEN Signing time: 17-03-2026 20:03:21 NEUTRAL CITATION NO. 2026:MPHC-IND:7032 2 MCRC-1149-2026 maintenance to his wife Memkunwar.
b. Shivnarayan failed to pay the amount of maintenance so fixed by the JMFC. Hefiled an appeal assailing the order of JMFC, which was rejected. The appellate order was assailed by the petitioner before the High Court. The revision petition was rejected vide order dated 21.12.2023.
c. Memkunwar filed an application u/Sec. 31 of the Act, 2005. The JMFC vide order dated 29.11.2018 passed in MJCR No. 170/2017 allowed the application and convicted Shivnarayan u/Sec. 31 of the Act and sentenced him to undergo R.I. for 06 months with fine of Rs. 5,000/- with default stipulation of R.I. for one month, if the fine is not paid. Learned JMFC issued warrant of arrest for execution of the sentence. Accordingly, the petitioner was arrested. He is undergoing sentence of imprisonment.
3 . Learned counsel for the petitioner in addition to the grounds mentioned in the application submits that it is a case of matrimonial dispute. The parties have amicably settled the dispute without any pressure or coercion and decided to live together peacefully. The continuation of incarceration of applicant may nullify the amicable settlement between the parties. Therefore, the proceedings of MJCR No. 64/2016 and MJCR No. 170/2017 be quashed and nullified in view of amicable settle between the parties.
4. Learned counsel for the respondent supported the contentions Signature Not Verified Signed by: SEHAR HASEEN Signing time: 17-03-2026 20:03:21 NEUTRAL CITATION NO. 2026:MPHC-IND:7032 3 MCRC-1149-2026 advanced by the petitioner and verified the factum of amicable settlement between the parties. The matter was referred for verification to the Principal Registrar of the Bench vide order dated 05.02.2026.Learned Principal Registrar reported that the accused/petitioner Shivnarayan and respondent Memkunwar Bai w/o Shivnarayan had arrived at compromise voluntarily without any threat, inducementor coercion. They have amicably resolved their dispute.
5. Heard, learned counsel for both the parties and perused the record.
6. The material on record reveals that learned JMFC, Agar after evidence on petition under section 12 of the act 2005, had concluded that Memkunwar Bai w/o Shivnaryan was subjected to domestic violence and was compelled to live with her parents therefore, partly allowedher petition and directed Shivnarayan to pay monthly maintenance of Rs. 2,000/- to his wife Memkunwar. The order was affirmed by the appellate Court and later by the High Court. The petitioner Shivnaryan did not pay the amount of maintenance. Therefore, Memkunwar Bai was constrained to file an application u/S 31 of the Act, 2005. Learned JMFC, on consideration of evidence on record, found deliberate non-compliance with the protection order dated 29.04.2017 on the part of Shivnarayan. Shivnarayan evaded arrest till 27.11.2025 despite passing of judgment of conviction and order of sentence on 29.11.2018. When Shivnarayan was incarcerated and undergoing sentence, the present petition is filed for quashing and nullifying entire proceedings u/Ss. 12 and 31 of the Act 2005on the basis of amicable settlement between the parties. The validity and legality of the protection Signature Not Verified Signed by: SEHAR HASEEN Signing time: 17-03-2026 20:03:21 NEUTRAL CITATION NO. 2026:MPHC-IND:7032 4 MCRC-1149-2026 order has been affirmed by the appellate Court and the revisional Court. The impugned orders were passed in compliance with due procedure of law on the basis of evidence on record. Therefore, no case is made out for quashing of those orders merely because the parties, at belated stage, have chosen to settle their matrimonial discord.
7. However, since the wife Memkunwar had desired to accord a quietus to matrimonial dispute and desires to live with Shivnaryan, the sentence of 06 months may be reduced for the ends of justice, in view of voluntary amicable settlement. Therefore, in exercise of inherent jurisdiction, in order to ensure complete justice between the parties and in view of amicable settlement between them, the order dated 29.11.2018 is amended to the extent, as mentioned below:
"Shivnarayan Singh shall undergo the rigorous imprisonment for the period already undergone by him till passing of this order. However, rest of the order including the payment of fine amount shall remain intact. "
8. A copy of this order be forwarded to the trial Court i.e. learned JMFC, Agar for necessary compliance. The petitioner shall be released on payment of fine amount of Rs.5,000/- in compliance with the order dated 29.11.2018 passed in MJCR No. 170/2017.
9. With these directions, petition stands disposed of.
Signature Not Verified Signed by: SEHAR HASEEN Signing time: 17-03-2026 20:03:21NEUTRAL CITATION NO. 2026:MPHC-IND:7032 5 MCRC-1149-2026 (SANJEEV S KALGAONKAR) JUDGE sh Signature Not Verified Signed by: SEHAR HASEEN Signing time: 17-03-2026 20:03:21