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1 - 9 of 9 (0.18 seconds)Section 406 in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 9 in The Hindu Marriage Act, 1955 [Entire Act]
Abhishek vs The State Of Madhya Pradesh on 31 August, 2023
13. Learned counsel for the petitioner vehemently contended
that accused no.1 has filed a petition under Section 9 of the
Hindu Marriage Act for restitution of conjugal rights against the
defacto complainant on 24.7.2020 and, thereafter, the present
FIR was registered on 31.7.2020, i.e. after one week, as a
counter-blast to the said petition and it clearly indicates that it
is a false case foisted against the petitioners and accused no.1.
But as per the submissions made by the learned counsel
second respondent, after the complainant was driven out from
the house, when accused nos.2 and 3 did not allow her to
enter the house on 15.7.2023, in fact, she has lodged a report
with the police on 22.7.2020 and the police, after conducting a
preliminary inquiry, has registered said FIR on 31.7.2020 and
as such said FIR is not a counter-blast to the petition filed for
restitution of conjugal rights by the husband. He would
contend that in fact the petition filed by the accused no.1 is a
counter-blast to the report lodged by the defacto complainant
with police on 22.7.2020. So, when the wife has lodged report
with the police on 22.7.2020, and when Section 9 petition was
filed on 24.7.2020, it cannot be said that the present FIR was
lodged as a counter-blast to the petition filed by the husband.
So on that ground the present FIR cannot be quashed.
Therefore, in the said facts and circumstances of the case,
aforesaid judgment relied on by the learned counsel for the
petitioner rendered in the case of Abhishek v. State of
Madhya Pradesh reported in 2023 SCC Online SC 1083
has no application to the facts of the case. That was the case,
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NEUTRAL CITATION
R/CR.MA/17702/2020 JUDGMENT DATED: 04/03/2024
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wherein the husband has field divorce petition and, thereafter,
the wife has lodged report with the police. So, the facts are
very much distinguishable, when compared to the present
facts of the case. Therefore, the judgment is of no avail to the
case of petitioner nos.2 and 3.
Section 114 in The Indian Penal Code, 1860 [Entire Act]
Section 4 in The Dowry Prohibition Act, 1961 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
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