The FIR was quashed as the allegations did not constitute an offence under IPC Sections 375 and 377 due to the marital relationship.

ORDER :

1. On finding the pleadings being complete and the learned counsel for the rival parties concurred to argue the matter finally, it was thoroughly heard and order was reserved for pronouncement.

2. This petition is filed under section 482 of CRIMINAL PROCEDURE CODE for quashing the FIR registered vide Crime No. 540/2022 at Police Station Naogaon, District Dhar on the fulcrum of a complaint made by respondent No. 2 against the petitioner for the offence punishable under sections 294, 323, 376(2)(n), 377, 498-A, 506 of the INDIAN PENAL CODE .

3. Multifarious grounds have been urged by the learned counsel for the petitioner while seeking to quash the FIR. Conversely, the learned counsel for the respondents imprecating the act of the petitioner as not less than transgression of law, vehemently urged for no interference by this Court.

4. To lift the curtain on from the verity of the allegations made against the petitioner, it is expedient to muster the relevant facts. Suffice it to state that the petitioner is a Member of M. P. State Legislative Assembly from the Constituency-Gandhwani. He belongs to Scheduled Tribe community. He is an elected MLA for third time. He used to be a Cabinet Minister in the State of M.P. Ergo, it is claimed that the petitioner being an upper echelon, reputed and has goodwill in the Society.

As stated in the petition, respondent No. 2 is wife of the petitioner and they entered into marriage on 16-4-2022 and thereafter started living together as husband and wife. It is averred in the petition that on 2-11-2022 respondent No. 2 misbehaved with the petitioner as well as his staff members and shown violent attitude towards them. A complaint in that regard was made at Police Station Naogaon District Dhar by one of the maids of the petitioner and respondent No. 2. On the basis of said complaint, FIR was registered vide Crime No. 540/2022. Copy of said written complaint is made appendage to this petition.

The petition further divulges that the demeanour of respondent No. 2 was drastically becoming violent day-by-day. In that context, the petitioner also made a complaint at Police Station Naogaon District Dhar on 2-11-2022. The complaint bespeaks about a threat given by respondent No. 2 to the petitioner for fallaciously implicating him in criminal case. It also reflects that respondent No. 2 raised an illegitimate demand of Rs. 10 Crore and as such the petitioner was being extorted. Copy of said complaint is also made part of the petition.

As per the petitioner, as soon as respondent No. 2 came to know about said complaint, she also submitted a hand-written complaint to the Police Station Naogaon making various false, frivolous and baseless allegations against the petitioner, but as per the petitioner those allegations were omnibus that too without disclosing any time or date as to when that alleged act was committed by the petitioner. Said complaint was also made on 2-11-2022. In the said written complaint, she had mentioned that no action on the same was required to be taken.

From the said date, the petitioner and respondent No. 2 have abominated each other and started living separately. After she received the notice of the case of damages, and then on 16-11-2022 a complaint was made by respondent No. 2 against the petitioner making several allegations against him. As per the petitioner, the contents of earlier complaint made on 2-11-2022 and the contents of complaint made on 16-11-2022 by respondent No. 2 are antithetical. Both the complaints were given to the petitioner with an offer for settling the dispute amicably outside the law if amount of Rs. 10 Crore is paid, else the petitioner wa