AMIT SINGH KUSHWAH Vs. STATE OF M. P.

JUDGEMENT

(1.) Inherent powers of this court u/S. 482 CrPC are invoked seeking quashment of FIR dated 13/2/19 bearing crime No. 171/19 registered at Police Station Kotwali District Morena alleging offences punishable u/S. 406 of IPC.

(2.) The sole ground raised in support of the aforesaid challenge is that or the incident giving rise to the impugned FIR, the same prosecutrix Smt. Nirma Devi/respondent No.2 herein has already lodged FIR dated 8/11/16 bearing crime No. 331/16 registered at Police Station Mahila Thana District Agra alleging offences punishable u/Ss. 498A, 323, 406, 506 of IPC and 3 and 4 of Dowry Prohibition Act inter alia against the same petitioner.

(3.) Admittedly the only difference between the two FIRs is that in the earlier one vide P/2 dated 8/11/16 offences punishable u/Ss. 498A, 323, 506 of IPC and 3 and 4 of Dowry Prohibition Act apart from Section 406 IPC are alleged whereas in the impugned subsequent FIR vide P/1 dated 13/2/19 the sole offence alleged is punishable u/S. 406 of IPC. More so, in the earlier FIR vide P/2 besides the petitioner (bother-in-law Jeth of prosecutrix) allegation is also against three other co-accused (Sumit (husband of prosecutrix), Jagdish Singh (father-in-law of prosecutrix) and Smt. Sangeeta (mother-in-law of prosecutrix)) who are also main accused.