MADHULIKA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants have preferred this petition under Section 482 of the Cr.P.C. for quashment of FIR bearing Crime No. 101/2018 registered at Police-Station-Badgonda, Indore for the offence punishable under Sections 418, 420 and 468/34 of the IPC and the consequential proceedings of Criminal Case No. 3730/2018 pending before the court of Judicial Magistrate First Class, Mhow, District-Indore.

(2.) The relevant facts for disposal of the case in nutshell are that complainant/non-applicant No.2-Pankaj Kulkarni, who is husband of applicant No.1 and son-in-law of applicant No.2, has made a written complaint before the Additional Superintendent of Police, Mhow, District-Indore and SHO, Police-Station-Mhow alleging that at the time of negotiation of marital relations applicant No.2 told him that her daughter- Madhulika /applicant No.1 has cleared class Xth and XIIth and had given mark-sheet thereof to him and his family. Believing those documents, he married Madhulika on 27/05/2010 for the reason that she, being literate, will take care of his family at times of need. When, the complainant/non-applicant No.2 demanded the mark sheet from Madhulika/applicant No.1 then she asserted to have kept the same with her mother Suchitra Dubey/applicant No.2. When the complainant asked the same from applicant No.2, then she gave a photocopy thereof to him and said to have missed the original mark sheet. On the basis of doubts over the said mark sheet, he obtained a duplicate mark-sheet from the Education Department, according to which, applicant No.1 depicting a fail result. Complainant complained about his wife and mother-in-law stating that they are indulged in the act of frauds, they are engaged in a operating a racket of generating fabricating mark- sheets and cheating common peopled and prayed for registering a case against them.

(3.) On receiving the aforesaid complaint, the police conducted a detailed enquiry in the matter under the directions of the SDOP, Mhow. During the enquiry statement of the complainant as well as applicant Nos. 1 and 2 were recorded. In the enquiry it was found that there is an existing maintenance case filed by the wife-Madhulika against the husband-Pankaj and for creating the pressure to withdraw the said case, complainant has filed this complaint. Thus, no offence was found to be made out against the applicants and the complaint was accordingly filed by submitting closure report therein.