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2017 Supreme(MP) 974
IN THE HIGH COURT OF MADHYA PRADESH
G.S. AHLUWALIA, J.
Karan Kapoor - Appellant
Vs.
State of Madhya Pradesh - Respondent
MCRC No. 660 of 2016
Decided On : 03-08-2017
For the Applicant : Shri Anil Kumar Mishra with Shri Amit Arjariya
For the Respondent: Shri Yogesh Parashar, Shri K.P.S. Sengar
Two FIRs for the same offence are not permissible unless the subsequent crime is of such magnitude that it does not fall within the ambit and scope of the first FIR.
Headnote:
FIR Quashing - Jurisdictional Conflict - IPC 406 - [FACT OF THE CASE] The respondent No.2 filed a FIR at Gwalior, which was transferred to Police Station Punjabi Bagh, District West Delhi. The allegations included misappropriation of money deposited in the respondent's bank account and misappropriation of ornaments and articles given at the time of marriage. The Police Station Punjabi Bagh, District West Delhi filed a charge sheet for various offences including IPC 406. The respondent No.2 also filed a criminal complaint at Gwalior, resulting in the registration of a FIR against the applicants for IPC 406. [FINDING OF THE COURT] The Court found that two FIRs for the same offence are not permissible and quashed the FIR registered by Police Station Kampoo, District Gwalior. [ISSUES] The main issue was the maintainability of the second FIR for the same offence. [RATIO DECIDENDI] The Court relied on the principle that there cannot be two FIRs for the same offence, unless the subsequent crime is of such magnitude that it does not fall within the ambit and scope of the first FIR. The Court also emphasized that the quality of investigation cannot confer jurisdiction on a Police Station. [FINAL DECISION] The Court quashed the FIR registered by Police Station Kampoo, District Gwalior.}
G.S. Ahluwalia, J.
This application under section 482 of Cr.P.C., 1973 has been filed for quashing the FIR in Crime No.37/2015 registered by Police Station Kampoo, District Gwalior for offence under Section 406 of IPC.
2. The necessary facts for the disposal of the present application in short are that the respondent No.2 was married to the applicant No.1 and the respondent No.2 lodged a FIR at Mahila Police Station Padav, District Gwalior in the year 2014 alleging that she was married to the applicant No.1 on 28.11.2012 at Delhi and an amount of Rs. 60,00,000/- was spent by her father in her marriage and after some days of the marriage, the applicants started demanding dowry as well as money from the father of the respondent No.2 and when the respondent No.2 refused to fulfil their demand, then the applicants started harassing her and beating her. On 11.5.2014, the marriage of relative of the respondent No. 2 was to be performed at Gwalior and, therefore, the respondent No.2 had come along with her husband/applicant No.1 and at that time also she was beaten by the applicant No.1 and her parents and brother were abused by the applicant No.1. On the very same day, the applicant No.1 forcibly took her back to Delhi and on 12.5.2014 also the respondent No.2 was beaten by the applicants at Delhi and a threat was extended to the parents of the complainant on phone that if an amount of Rs. 2,50,000/- is not deposited in the account of the respondent No.2 then she will be killed. It was further alleged that on various dates Rs. 50,000/-, Rs. 1,45,000/-, Rs. 1,05,000/-, Rs. 30,000/-, Rs. 30,000/-, Rs. 40,000/-, Rs. 45,000/-, Rs. 45,000/-, Rs. 10,000/- were deposited in the account of the respondent No.2 which have been withdrawn by the applicants for their personal use. On 19.6.2014, when the respondent No.2 came back to her parents house at Gwalior, then they were informed about the incident and she was got treated at Gwalior. In the month of September, 2014 also the respondent No.2 had written a letter to her parents about the atrocities being committed by the applicants. It was alleged that on 20.12.2014, the respondent No.2 has been turned out of her matrimonial house after assaulting her and, therefore, a written complaint was made. It appears that the police was of the view that the cause of action has arisen at Delhi, therefore, the complaint made by the respondent No.2 was transferred to Police Station Punjabi Bagh, District West Delhi who registered the FIR in Crime No. 1171/2014 for offence under Sections 498-A, 506, 294, 34 of IPC. It appears that thereafter the respondent No.2 filed a criminal complaint before the Court of JMFC, Gwalior for offence under Section 406 of IPC. An order under section 156(3) of Cr.P.C., 1973 was passed by the Magistrate and accordingly the Police Station Kampoo, District Gwalior registered the Crime No. 37/2015 against the applicants for offence under Section 406 of IPC. In this complaint, apart from making the allegations which were made at first instance, it was reiterated that not only the amount which was deposited in the account of the respondent No.2 by her parents from time to time was withdrawn by the applicants but the ornaments as well as other Stridhan has been misappropriated by the applicants. Thus, it is clear that in the complaint apart from misappropriation of amount which was deposited in the account of respondent No.2, additional allegations of misappropriation of the ornaments and other articles which were given at the time of marriage were also made.
3. Thereafter it appears that during the investigation in Crime No. 1171/2014, the police Station Punjabi Bagh, District West Delhi added the offence under 406 of IPC in the months of May, 2015 whereas the FIR at Gwalior in Crime No. 37/2015 was registered on 29.1.2015.
4. In Crime No. 1171/2014, the police after concluding the investigation has filed the charge sheet whereas the investigation in Crime No. 37/2015 register
