SHIV SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Present petition under Sec. 482 of CrPC has been filed by petitioners for quashment of FIR bearing Crime No.137/2020, registered at Police Station Shadora, Ashok Nagar for offences under Ss. 452, 294, 323, 506, 34, added Sec. 324 IPC as well as charge sheet and other consequential criminal proceedings initiated against petitioners.

(2.) Facts giving rise to present petition, in short, are that the complainant/ respondent No.2 along with her mother-in-law, father-in-law and Jethani submitted an oral complaint before Police Station Shadora, Ashok Nagar alleging that on the date of incident i.e. 02/07/2020 at about 08:30 pm, when she was alone in her home, all petitioners came along with deadly weapons and lathi and started beating complainant and abused her and also threatened her to kill. On seeing her father-in-law, all accused persons fled away from spot. On the basis of said complaint, FIR has been lodged against petitioners. After recording statements of witnesses and other formalities, the police filed charge sheet before competent Court for the aforesaid Sec. as mentioned in paragraph No.1of this order against petitioners. Hence, this petition.

(3.) It is submitted by learned counsel for the petitioners that there is no direct or indirect evidence available against petitioners for commission of the alleged offence. A false and concocted FIR has been lodged. No free and fair investigation was conducted by police in the matter and investigation is completely shaky. It is submitted that a preliminary enquiry should have been conducted by police into the allegations made against petitioners, but without conducting it, FIR has been lodged, therefore, the FIR in question is bad and vitiated. Only omnibus allegations have been made against petitioners. It is further submitted that initially, an FIR was lodged by mother of applicants' Kapoor Bai and in order to take revenge, present FIR has been registered by police falsely as police authority of the police station concerned was punished with fine of Rs.10,000.00 on the complaint made by applicants' mother, therefore, prosecution launched against petitioners is an abuse of process of Court. From perusal of FIR, it appears that there is mala fide intention of complainant in order to create pressure over petitioners and to take a revenge. In support of contention, petitioners have relied upon the judgment passed by Hon'ble Apex Court in the matter of Lalita Kumari Vs. Government of U.P. and Ors. reported in (2014) 2 SCC 1. Hence, it is prayed that the FIR as well as charge sheet and other subsequent criminal proceedings deserves to be quashed and petition deserves to be allowed.