PREETI Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of Cr.P.C. for quashing the F.I.R. registered at Crime No. 11/13 for the offence punishable under Sections 452,366,387,388,389,506 - B,294,323,190,427/34ofI.P.C. and also for quashing the order dated 20.11.2012, whereby in exercise of power under Section 156(3) of Cr.P.C. the F.I.R. has been directed to be registered.

(2.) THE brief facts of the petition are that respondent no. -2/complainant has lodged a report on 28.04.2012 at Police Station Vishvavidyalaya but no action has been taken. Therefore, he lodged a written complaint to S.P.Gwalior on 01.08.2012 and to the City C.S.P. Murar on 4.08.2012 but no action has been taken. Then he filed a complaint before the J.M.F.C. Gwalior alongwith application under Section 156(3) of Cr.P.C. upon which J.M.F.C. Gwalior has directed to register the F.I.R. and submit the final report. It is alleged by the respondent/complainant in his complaint that marriage of the respondent/complainant took place on 23.01.2007 with the petitioner no. -1 Smt. Preeti and two children has been born out of their wedlock. The petitioner no. -2 is father -in -law, Petitioner No.3 is Cousin father -in -law, petitioner no. -4 is Brother -in -law, Petitioner no. -5 is Cousin father -in -law of the respondent/complainant. It is alleged that on 27.04.2012 the complainant and his father were in the District Court premises at about 12:00 P.M. mother of the complainant informed the father of the complainant on telephone that brother and uncle of complainant's wife are abusing her. Mother of the complainant told him that complainant and his father is not in the house and asked them to go back. Thereafter, complainant and his father reached the house along with Yudhishtar Tomar at about 1:00 P.M. Petitioner no.2 to 5 came there and kicked the gate and entered in the hall of the house of the complainant, when father of the complainant objected then they pushed the father of the complainant. Petitioners started entering in the bedroom of the complainant and complainant objected then petitioners have pushed him and after breaking glass of the Almirah took out cash and jewellery. Petitioners have also damaged gate and glass of Almirah costing about Rupees Ten Thousand. When father of the complainant asked the petitioners whether they have any search warrant then they started abusing and threatened to involve in a false case. Report of the aforesaid incident was lodged by the complainant on 28.04.2012 at Police Station but no action has been taken. Thereafter, the complaint has been lodged before the J.M.F.C. Being aggrieved the aforesaid petitioners have knocked the door of this Court.

(3.) THE leaned Counsel for the respondent has submitted that prima facie the F.I.R. discloses the commission of offence, hence the F.I.R. cannot be quashed.