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IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON’BLE SHRI JUSTICE SANJAY DWIVEDI

ON THE 21^st OF SEPTEMBER, 2023

M.CR.C. NO.59600 / 2022

BETWEEN:-

UMANG SINGHAR, S/O. MR. DAYARAM

SINGHAR AGED ABOUT 48 YEARS, OCCUPATION

PUBLIC SERVANT, R/O. BEHIND PWD OFFICE,

VIDHAYAK NIWAS, DISTRICT DHAR (M.P.)

.....PETITIONER

(BY SHRI VIBHOR KHANDELWAL – ADVOCATE, SHRI ASHISH

AGRAWAL – ADVOCATE AND SHRI JAYESH GURNAM -

ADVOCATE)

AND

1.

STATE OF MADHYA PRADESH THROUGH

STATION HOUSE OFFICER, POLICE

STATION NAOGAON, DISTRICT DHAR (M.P.)

2.

VICTIM X W/O. UMANG SINGHAR, AGED

ABOUT

38

YEARS,

OCCUPATION

POLITICIAN, R/O MLA HOUSE, OPPOSITE

PWD OFFICE, DHAR (M.P.)

.....RESPONDENTS

(NO.1/STATE BY SHRI PUNEET SHROTI – GOVERNMENT ADVOCATE)

(NO.2 BY SHRI SANJAY AGRAWAL – SENIOR ADVOCATE WITH SHRI RAHUL

GUPTA - ADVOCATE)

................................................................................................................................................

Reserved on: 16.08.2023

Pronounced on: 21.09.2023

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This petition having been heard and reserved for orders, coming on

for pronouncement this day, the Court pronounced the following:

ORDER

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 Cr.P.C. 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 16.04.2022 and thereafter

started living together as husband and wife. It is averred in the petition

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that on 02.11.2022 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 02.11.2022. 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