SHYAM MALPANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 482 of the Criminal Procedure Code, 1973 for quashing the FIR lodged at Crime No.1421/2022, for the offences punishable under Sec. 452, 506 and 34 of the IPC registered at police station Lasudiya, and the subsequent charge sheet.

(2.) In brief, the facts of the case is that the marriage of petitioner's son Sourabh was solemnized on 18/1/2014 with Divya Malpani, the respondent no.2, who is also the complainant in the present case. After the marriage, respondent no.2/complainant, and her husband started living in Canada since 2014 only, however, a dispute arose between the parties, and on 27/1/2022, the complainant travelled along with her minor daughter to India, and informed to the son of the petitioner that she would not be returning back to Canada.

(3.) Faced with the aforesaid situation, the petitioner's son Sourabh on 10/6/2022 moved an application before the Canadian Court at Ontario, for securing custody of their minor daughter. Whereas, on 20/6/2022, the complainant filed a divorce petition at Family Court at Indore. On 21/6/2022, the complainant marked her presence before the Canadian Court through her counsel and filed a reply before the Canadian Court on 5/7/2022. On 13/7/2022, the Canadian Court ordered the complainant to produce the minor daughter to Canada within 30 days, and as the complainant did not comply with the aforesaid order passed by the Canadian Court, the lawyer of the petitioner's son advised him to file a contempt petition. Consequently, a contempt petition was also filed by the petitioner's son in the Canadian Court at Ontario in the month of September, 2022 against the complainant. On 8/9/2022, the lawyer of petitioner's son sent an e-mail to him instructing him to serve the process of contempt to the complainant, and as the petitioner's son was not residing at Indore, the petitioner, along with his lawyer Satyavijay Manthan, went to the house of the complainant at around 2.20 PM on 12/9/2022 and served the notice on her. However, at around 8.00 PM on 12/9/2022 itself, the present FIR was lodged by the complainant against the petitioner and an unknown person alleging criminal trespass against them.