SUBODH ABHYANKAR
Rajendra Panwar S/o Vishnu Prasad – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Heard finally, with the consent of the parties.
2. This petition has been filed by the petitioners under Article 226 of the Constitution of India read with Section 482 of Cr.P.C. for quashing the FIR lodged at Crime No.0524/2022, at police station Anjad dated 30.09.2022, under Sections 498A, 341, 323, 506 and 34 of the IPC read with Section 3/4 of the Dowry Prohibition Act, 1961 as also the charge-sheet dated 24.10.2022, and other subsequent proceedings before the Trial Court arising out of the aforesaid crime number.
3. In brief, the facts of the case are that the marriage of petitioner No.1 Rajendra Panwar was solemnized with the respondent No.2 Durga Panwar on 24.04.2011, at Kukshi, District Dhar. Subsequently, out of this wedlock, a daughter was also born after around 7-8 years, however, as a matrimonial dispute arose between the parties, the aforesaid FIR was lodged at Police Station, Anjad, against the petitioner No.1 as also his parents, petitioner Nos.2 and 3, who are the father-in-law and the mother-in-law of the complainant/ respondent No.2.
4. Counsel for the petitioners has submitted that even on perusal of the FIR, it is apparent that although it has been lodged
Kapil Agrawal and Others vs. Sanjay Sharma and Ors.
Territorial jurisdiction of Court – Although for trial of a case instituted on a police report no provision parallel to Section 201 of Cr.P.C. has been prescribed, there is no difficulty in borrowing....
A prior inquiry under Section 174 does not constitute an FIR, hence a second FIR can be registered based on new evidence, permitting continued investigation regardless of jurisdictional issues.
A writ petition under Article 226 can be maintained to quash an FIR if it discloses cognizable offences, regardless of a pending civil suit, emphasizing the need for investigation into alleged crimin....
The Court emphasized that criminal proceedings should not be quashed at the initial stage and highlighted the need for mediation in family disputes.
At the stage of considering a petition for quashing criminal proceedings, the allegations in the FIR must be accepted as they stand, and the court cannot embark upon the appreciation of evidence.
The court held that the failure to return the stridhan of the deceased constitutes a breach of trust, as the articles were entrusted to the accused by the deceased during her lifetime. The court also....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.