Madhya Pradesh High Court
Madhulika vs The State Of Madhya Pradesh on 4 July, 2019
Equivalent citations: AIRONLINE 2019 MP 637
M.Cr.C. No.38707/2018 1
THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
M.Cr.C. No.38707/2018
(Madhulika & Ors vs. The State of Madhya Pradesh & Ors.)
Shri Rizwan Nizam, learned counsel for the applicants.
Shri Prabal Jain, learned Public Prosecutor for the
respondent No.1/State.
Shri A.R. Khan, learned counsel for the respondent
No.2.
ORDER
(Passed on 04/07/2019) The applicants have preferred this petition under Section 482 of the Cr.P.C. for quashment of FIR bearing Crime No. 101/2018 registered at Police-Station-Badgonda, Indore for the offence punishable under Sections 418, 420 and 468/34 of the IPC and the consequential proceedings of Criminal Case No. 3730/2018 pending before the court of Judicial Magistrate First Class, Mhow, District-Indore.
(2) The relevant facts for disposal of the case in nutshell are that complainant/non-applicant No.2-Pankaj Kulkarni, who is husband of applicant No.1 and son-in-law of applicant No.2, has made a written complaint before the Additional Superintendent of Police, Mhow, District-Indore and SHO, Police-Station-Mhow alleging that at the time of negotiation of marital relations applicant No.2 told him that her daughter- Madhulika /applicant No.1 has cleared class Xth and XIIth and had given mark-sheet thereof to him and his family. Believing those documents, he married Madhulika on 27/05/2010 for the reason that she, being literate, will take care of his family at times of need. When, the complainant/non-applicant No.2 demanded the mark sheet from Madhulika/applicant No.1 then she asserted to have kept the M.Cr.C. No.38707/2018 2 same with her mother Suchitra Dubey/applicant No.2. When the complainant asked the same from applicant No.2, then she gave a photocopy thereof to him and said to have missed the original mark sheet. On the basis of doubts over the said mark sheet, he obtained a duplicate mark-sheet from the Education Department, according to which, applicant No.1 depicting a fail result. Complainant complained about his wife and mother-in-law stating that they are indulged in the act of frauds, they are engaged in a operating a racket of generating fabricating mark- sheets and cheating common peopled and prayed for registering a case against them.
(3) On receiving the aforesaid complaint, the police conducted a detailed enquiry in the matter under the directions of the SDOP, Mhow. During the enquiry statement of the complainant as well as applicant Nos. 1 and 2 were recorded. In the enquiry it was found that there is an existing maintenance case filed by the wife-Madhulika against the husband-Pankaj and for creating the pressure to withdraw the said case, complainant has filed this complaint. Thus, no offence was found to be made out against the applicants and the complaint was accordingly filed by submitting closure report therein.
(4). Being aggrieved of the aforesaid closure report, complainant filed a private complaint before Judicial Maagistrate First Class, Mhow, District-Indore against the applicants alleging the same averments of the previous complaint and stating that the police has refused to register a case against the applicants and thus an order under Section 156(3) of Cr.P.C. be passed to register the FIR against the applicants for the offence punishable under Sections 418, 420 and 468/34 of the IPC. The Judicial Magistrate M.Cr.C. No.38707/2018 3 registered the private complaint at Criminal Case No. 3730/2018 and passed order dated 18/12/2017, thereby directing the Police- Station-Badgonda to register the crime against the applicants, investigate the matter as provided under Cr.P.C. and filed final report. Thereafter, Police register FIR bearing Crime No. 101/2018 at Police-Station-Badgonda, Indore for the offence punishable under Sections 418, 420 and 468/34 of the IPC . Being dissatisfied with the order of registration of FIR, the applicants have preferred this petition under Section 482 of the Cr.P.C. for quashment of FIR and other consequential proceedings relating thereto.
(5). Learned counsel for the applicants submitted that the learned Judicial Magistrate has grossly erred in not considering the fact that there is a family/matrimonial dispute prevailing between the complainant and applicant No.1, which is pending before the Court and the complainant was trying to create undue pressure against the applicants to withdraw the cases registered against him and because he failed to succeed in this intentions, he filed the present private complaint. It is also submitted that learned Judicial Magistrate ought to have considered the closure report filed by Police-Station-Badgonda, Indore in the previous complaint submitted by the complainant before Police, wherein it has been clearly mentioned that there is no iota of evidence of offence committed by the applicants against the complainant. It is further submitted that the complainant claims to have admission of forged mark-sheets, wherein the alleged mark-sheets are actually produced & exhibited by complainant out of his possession. As such no case of fabrication of documents or fraudulence can be drawn against a person out of whose M.Cr.C. No.38707/2018 4 possession such documents were found. It is also submitted that the applicant No.1 passed her class 10th in the year, 2007; whereas the complainant produced the alleged forged mark-sheet of applicant No.1 of the year 2003 showing that this mark-sheet has been given by applicant No.1 to him, therefore, there is no mens- rea of the applicant No.1 to commit alleged offence. Under these circumstnaces, learned counsel for the applicants prayed for quashment of the FIR and consequential proceedings relating thereto.
(6). On the other hand, learned counsel for the non-applicant No.2/complainant submits that during the negotiation of marital relation of applicant No.1 and non-applicant No.2, applicant No.2 disclosed that her daughter/applicant No.1 has cleared class Xth , XIIth. She had given mark-sheet thereof to him and his family, which was found to be forged and fabricated because when the complainant verified aforesaid mark-sheets, it was found that applicant No.1 depicting a fail result. Therefore, the trial court has rightly directed the police for registration of the FIR against the applicants for the offence punishable under Sections 418, 420 and 468/34 of the IPC and there is no ground available for warranting any interference in the aforesaid order. Under these circumstances, he prayed for rejection of the petition. (7). Learned Public Prosecutor for the respondent No.1/State opposed the prayer and prayed for rejection of the petition. (8). Having heard learned counsel for the parties and perused the record.
(9). It is admitted fact that the applicant No.1 is the wife of non- applicant No.2/complainant and she got married with the non- applicant No.2/complainant on 27/05/2010 applicant No.2 is the M.Cr.C. No.38707/2018 5 mother-in-law of non-applicant No.2/complainant. (10). On 26/01/2016, non-applicant No.2/complainant has given a written complaint to Additional Superintendent of Police, Mhow, District-Indore and SHO, Police-Station-Mhow, Indore alleging that during negotiation of the marriage relationship of applicant No.1 and non-applicant No.2, applicant No.2 informed him that her daughter- Madhulika /applicant No.1 has cleared class Xth, XIIth and had given mark-sheet thereof to him and his family. Believing those documents, he accepted the proposal for the reason that she, being literate, will take care of his family at times of need, he got married with applicant No.1/Madhulika. When, the complainant/non-applicant No.2 demanded the mark sheet from Madhulika/applicant No.1 then she asserted to have kept the same with her mother Suchitra Dubey/applicant No.2. Thereafter, the complainant asked the same from applicant No.2 and she gave a photocopy thereof to him and said to have missed the original mark sheet. On the basis of doubts over the said mark- sheet, when the complainant obtained a duplicate mark-sheet from the Education Department, according to which, applicant No.1 was failed in class XIIth, therefore, by preparing the forged and fabricated mark-sheet, the applicants have committed cheating with the complainant. However, after conducting the enquiry by the Police on the aforesaid complaint, it was found that there is an existing maintenance case filed by the wife- Madhulika against the husband-Pankaj and for creating of pressure to withdraw the said case, complainant has filed this complaint. Thus, no offence was found to be made out against the applicants, therefore, closure report was filed. (11). Thereafter, when the complainant is not succeeded in got M.Cr.C. No.38707/2018 6 registered the FIR against the applicants, then he filed a private complaint against the applicants before Judicial Magistrate, First Class, Mhow, District-Indore. Learned Magistrate without conducting any enquiry in the matter, vide order dated 18/12/2017, sent the complaint to SHO, Police-Station-Badgonda for registration of the FIR against the applicants, to investigate the matter and for filing of the final report. On the basis of the aforesaid order, the Police registered the FIR bearing Crime No. 101/2018 at Police-Station-Badgonda, Indore for the offence punishable under Sections 418, 420 and 468/34 of the IPC. (12). From perusal of mark-sheet (Ex. D/2), it reveals that applicant No.1 was appeared in the High School Open Certificate Examination (10+2), conducted by State of M.P. in the December, 2006, however, she could not succeed in the said examination, thereafter, she again appeared in the aforesaid examination and she has passed her Higher Secondary Examination in the month of July, 2007 (Ex. D/1). There is no verification report available on record to show that the applicant No.1 failed in the examination of class 12 th and she prepared forged and fabricated mark-sheets and handed-over the same to respondent No.2 showing that she is having qualification of higher secondary examination.
(13). It is pertinent to note that there is a matrimonial dispute prevailing between the complainant and applicant No.1, which is pending before the Court, therefore, the contention of the applicants cannot be ignored that in order to create undue pressure upon the applicants for withdrawal of cases registered against him, complainant filed the private complaint against the applicants.
M.Cr.C. No.38707/2018 7(14). Considering the aforesaid facts and circumstances of the case, this Court is of the view that there is no evidence available on record to show that applicant No.1 prepared any forged or fabricated documents and produce the same before any authority for getting job or any other benefit, therefore, the applicants have not committed any fraud or cheating with the complainant or any other persons. Accordingly, this petition deserves to be and is hereby allowed and FIR bearing Crime No. 101/2018 registered at Police-Station-Badgonda, District-Indore for commission of offence punishable under Sections 418, 420 and 468/34 of the IPC and consequential proceedings of Criminal Case No. 3730/2018 pending before the Court of Judicial Magistrate, First Class, Mhow, District-Indore qua applicants namely Madhulika and Smt. Suchitra Dubey are hereby quashed.
(15). Let copy of this order be sent to the concerned trial Court for information and necessary compliance.
(S. K. AWASTHI) Judge skt Santosh Kumar Tiwari 2019.07.04 15:38:50 +05'30'