HIMANSHU SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) At the outset, learned counsel for the petitioners does not press the petition on behalf of petitioner No.1-Himanshu Sharma, who is the husband of the complainant.

(2.) Counsel for the petitioners submits that the family members of the husband have been implicated in the present matter only on the basis of the omnibus allegations and there are no sufficient evidence and allegations against the mother-in-law, father-in-law and sister-in-law to put them on trial. He further submits that the plain reading of FIR and charge sheet papers indicate that the allegations leveled against the relatives of the husband are quite vague, general and no specific instance of criminal conduct has been stated in the FIR and no material is available in the charge sheet which may attributed to them. He further submits that the FIR is lodged after receipt of the notice of the divorce petition filed by the husband. There was complete silence before the receipt of the notice and lodging of the FIR is a counter blast. He further submits that considering the facts and circumstances of the present case, allegations and evidence collected during investigation there is nothing on record to continue the criminal trial against the close relatives of the husband. He relied on the judgment of Apex Court delivered in the matter of Kahkashan Kausar Alias Sonam vs. State of Bihar and ors, reported in (2022) 6 SCC 599, wherein after considering the various judgments of the Apex Court it is observed that only on the basis of the general and omnibus allegations the close relatives of the husband cannot be put to trial. Paragraph No.17 to 22 of the judgment are relevant and reads as under:-

(3.) He further relied on the order passed by the coordinate Bench in the matter of Smt. Nirmala Kunwar and others vs. State of M.P. and Ors. dtd. 22/12/2023 passed in M.Cr.C. No.23104/2022 and the order dtd. 28/12/2023 passed in M.Cr.C. No.27229 of 2023 in the matter of Vivek Kumar Mandloi and Ors. vs. State of M.P. and Anr. He further relied on the judgment passed by the coordinate Bench in M.Cr.C. No.59499/2022 dtd. 5/4/2024 (Smt. Varsha Singh and Anr. Vs. State of M.P. and Ors.), wherein almost in similar circumstances after relying the judgment passed by the Apex Court in the matter of Kahkashan Kausar (supra) the coordinate Bench quashed the proceedings against the close relatives of the husband. He prays for quashment of the criminal proceedings against the petitioner No.2, 3 and 4.