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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI
Rohit Bamhore – Appellant
Versus
State Of M.P. – Respondent
ORDER :
Sanjay Dwivedi, J.
This petition was languishing to see its fate since 2021 and therefore, the learned counsel for the parties argued the matter finally on 22.02.2025 and today the order is being pronounced.
2. This petition has been filed under Section 482 of CrPC by the petitioners for quashing the FIR registered against them vide Crime No.567/2020 at Police Station Misrod, District Bhopal for the offence punishable under Sections 376(2)(n), 120-B, 201, 323, 506 of IPC and also seeking annulment of all subsequent proceedings arising out of the said FIR.
3. The encapsulated facts of the case are that the petitioners and prosecutrix belong to the same family. Petitioners No.1 and 2 are real brothers of the prosecutrix, whereas petitioners No.3 and 4 are her father and mother. It is alleged that on 16.10.2020, an FIR got lodged on the basis of complaint made by the prosecutrix stating therein that she is a divorcee and residing with the petitioners for the past two years. It is alleged that on 24.02.2020 while she was sleeping in her residence located at Olive-62, Ruchi Life Space, Bhopal, petitioner No.1 caught hold of her and when she started shouting, petitioner No.2 reached
Inherent powers under Section 482 of CrPC should be exercised sparingly to prevent misuse of criminal law, quashing only when FIR doesn't disclose an offence.
The High Court can quash FIRs against individuals named in dowry harassment cases when allegations are general, vague, and lack specificity, preventing abuse of the legal process.
The court emphasized that the veracity of defense materials cannot be examined at the stage of quashing the FIR and that the power of quashing should be exercised sparingly. It also highlighted that ....
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