HARSH TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been preferred by the applicant praying for quashment of First Information Report No. 242/2018 registered by Police Station Kotwali Gwalior, District Gwalior for offence punishable under Sections 294, 323, 336, 506 and 34 of the IPC and Criminal case No. 316/2018 pending before the Juvenile Justice Board, Gwalior and its all consequential proceedings.

(2.) The prosecution story in nutshell is that complainant Smt. Sudha Baijal filed a written complaint before the SHO, Kotwali Gwalior to the effect that on 06/7/2018, the electric wires of the petitioner fell down on the tin shed of the house of the complainant and when she asked the applicant and other co-accused persons to remove it, they refused to do so. The complainant filed a complaint before the Electricity Department against the said act of the accused persons. On 10/7/2018, the applicant along with his brother rushed into her house and threatened her to withdraw the complaint filed before the Electricity Department otherwise to face the dire consequences. The mother of the applicant also started pelting stones to the complainant's house. Upon this written complainant, the police has registered the FIR against the applicant and other co-accused persons under the aforesaid sections.

(3.) Learned counsel for the applicant submits that a false report has been lodged against the applicant because a civil litigation is going on in between the parties and as the proceeding under Section 145 of CrPC, which was filed by the son of the complainant, was dropped by the Court below on 05/7/2018, on the very next date the concocted story has been created. The applicant is a student and is preparing for IIT entrance examination. The brother of the applicant is also studing in NLU. It is further submitted that there is nothing in the FIR to show that the applicant has committed any offence under Sections 294, 323, 336, 506 and 34 of the IPC. He has been falsely implicated in order to pressurize the mother of the applicant to compromise the civil dispute which was going on in between the parties. Therefore, learned counsel for the applicants prays that the application may be allowed and the FIR No. 242/2018 lodged against the present applicant and Case No. 316/2018 pending before the Juvenile Justice Board, Gwalior be quashed.