MAHESH SINGH TOMAR Vs. STATE OF MP

JUDGEMENT

(1.) The applicant has filed this petition under section 482 of the Code of Criminal Procedure, for quashment of the First Information Report registered against the applicant at Police Station Ambah in Crime No. 107/2009 for the offence punishable under section 466, 467, 468, 471, 120-B, 496, 498-A, 34 of IPC.

(2.) Brief facts of the case are, the applicant is a practising lawyer at Ambah. As per the instruction of one Girija Devi he filed a civil suit under section 9 of the Hindu Mairiage Act against the husband of the plaintiff Girija Devi before the Third Additional District Judge, Ambah which is registered as Civil suit No. 37/2008 and thereafter on the basis of the compromise the said suit has been decreed in favour of Girija Devi. Thereafter, one Mamta Devi had lodged a written complaint before the S.D.O. (P) Ambah alleging that Girija Devi had wrongly stated her to be the legally wedded wife of Vishnu Gupta and also filed a false civil suit against Vishnu Gupta. It is further alleged in this written complaint that actually Mamta Devi is the legally wedded wife of Vishnu Gupta. Thus, Girija Devi and Vishnu Gupta had falsely obtained a forged decree from the Court under section 9 of the Hindu Marriage Act. On this written complaint filed by Mamta Devi the police Ambah had registered a case under sections 466,467, 468, 471, 120-B, 496,498-A, 34 of IPC against one Girija Devi, Vishnu Gupta, Sunita Devi, Pannalal and Kalicharan and also against the present applicant, who being an Advocate had filed the aforesaid civil suit before the Additional District Judge Ambah. On the registeration of the FIR against the present applicant, the applicant has filed this petition under section 482 of the Code of Criminal Procedure for quashment of the FIR to the extent of the present applicant.

(3.) Having heard the learned counsel for the applicant as well as the learned Public Prosecutor appearing for the State and perused the record.