SUDHA TRIPATHI Vs. STATE OF M.P.

JUDGEMENT

(1.) Inherent powers of this Court u/S.482 of Cr.P.C . are invoked seeking quashment of charge-sheet bearing Crime No.128/2015 registered at Police Station Jhansi Road, District Gwalior alleging offences punishable u/S.384, 420, 467, 468, 471 and 120-B of IPC against the petitioner and five other named accused.

(2.) The solitary contention of counsel for the petitioner in support of the aforesaid challenge is that the offence of extortion as alleged is not made out even by the mere reading of the allegations in the FIR and the supportive documents especially in the absence of any material to even prima facie indicate that any property or valuable security was delivered to the petitioner/accused pursuant to the alleged threat and inducement extended by the petitioner, the offence of extortion even on prima facie basis is not made out.

(3.) Before dealing with the contentions of rival parties, it would apt to first consider the allegations as per the FIR registered on 11.04.2015 by the respondent/complaint against six named accused including the petitioner which is to the effect that co-accused Amit was known to the complainant because he used to study in Jiwaji University about six months back. The FIR alleges that the said co- accused Amit met the complainant at Chetakpuri petrol pump and inquired as to whether the marriage of the complainant has been fixed with someone else to which the complainant responded that he should minded his own business. It is alleged thereafter, that the said co-accused Amit threatened the complainant that he would ensure that said marriage does not take place and extended criminal intimidation to the complainant who got scared. After a few days when the complainant got over the feeling of intimidation, she informed her family members about the incident. The FIR thereafter alleges that the parents of the complainant confronted the parents of co-accused Amit including his mother Smt. Sudha Tripathi who is petitioner herein but no fruitful resolve could take place. It is alleged that the parents of co-accused Amit further repeated the threat that they would ensure that the marriage of complainant as fixed with someone else does not take place. The FIR thereafter alleges that sometime in January / February, 2015 on asking of co- accused Amit, the father of complainant went to the house of petitioner/accused and her parents where the co-accused Dilip Pandey (father of accused Amit) demanded an amount of Rs.20,00,000/- from the father of complainant by extending threat that if the said amount is not delivered to the accused the marriage of complainant as fixed would not materialize. In furtherance of this threat and intimidation, WP No.1357/2015 was filed by co-accused Amit Tripathi against the father of complainant seeking issuance of writ of habeas corpus for creating pressure, which was heard on 24.03.2015 when the complainant who was alleged to be the corpus in the said petition appeared before the Court and made her statement against the co-accused Amit Tripathi, which led to dismissal of said petition. The FIR further alleges that during the course of hearing of the said petition in the high court, same threat and intimidation was extended to the father of the complainant that if Rs.20,00,000/- is not delivered to the petitioner and the other co- accused, then they would ensure scuttling of marriage of complainant. The FIR also alleges that the said threat were repeated again and again by the petitioner and other co-accused. The FIR lastly alleges that for giving effect to the threat and intimidation as aforesaid the petitioner and the accused also allegedly committed forgery.