AJAY GUSAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking following reliefs:

(2.) It is submitted by the counsel for the petitioners that both the petitioners are major and are of marriageable age. They do not have any disqualification under Sec. 5 of Hindu Marriage Act. It is submitted that they have performed marriage on 5/9/2022 in Arya Samaj Mandir, Loha Mandi, Kila Gate, Gwalior. On 27/10/2022, they have made a complaint to Station House Officer, Police Station Dehat Bhind, District Bhind and Station House Officer, Shivpuri Dehat, District Shivpuri pointing out that the family members are extending a threat to falsely implicate them in a criminal case and even the petitioners are having fear from some anti-social elements and, accordingly, it is prayed that protection may be granted to the petitioners. It is submitted that the petitioners do not want any police protection but their only anxiety is that if any FIR has been lodged, then no action should be taken on the said false FIR.

(3.) Per contra, the petition is vehemently opposed by the counsel for the respondent/State. It is submitted that so far as the complaint made to the Station House Officer, Police Station Dehat Bhind, District Bhind and Station House Officer, Shivpuri Dehat, District Shivpuri is concerned, it neither bears any acknowledgment nor any postal receipt to show that it was ever dispatched. Furthermore, it is submitted that whenever any FIR is lodged, then the police after completing the investigation has a right to either file closure report or charge sheet. Therefore, if any FIR has been lodged against any of the petitioners, then it shall be considered and investigated in accordance with law.