ORDER

This application, under Section 482 of Cr.P.C, has been filed for quashment of FIR in Crime No. 13/2024 registered at Police Station University, District Gwalior, for offences under Sections 323, 294, 506 and 34 of IPC.

2. Undisputed facts are that applicants are in-laws of son of complainant Vidya Singh Bhadoriya / respondent No. 2.

Signature Not Verified Signed by: ANAND

3. Vidya Singh Bhadoriya (respondent No. 2) lodged an FIR on 15.01.2024 alleging that on 23.12.2023 at about 7:30 p.m., father of her daughter-in-law namely Nirmal Singh and his brothers Sumer Singh and Sudarshan Singh came to her house and started demanding Rupees 50 lakhs. She replied that she does not have that much amount to pay. Then, they started abusing her filthily in the name of mother and sister. When she objected to it, then she was beaten by the all three of them by fist and blows. As a result, she sustained injury on her left hand. When she raised an alarm, her neighbours Pradeep Singh Bhadoriya and Punit Tomar came and intervened in the matter, and all the three persons, while fleeing away, extended a threat that the amount be paid otherwise she would be killed. Since her husband was out of Gwalior city, thereforfe, she could not lodge the report immediately and accordingly the FIR was lodged on

15.01.2024.

4. Challenging the FIR lodged by respondent No. 2, it is submitted by counsel for applicants that in fact, aforesaid FIR is by way of counterblast. Daughter of applicant No. 1 is the daughter-in-law of complainant. She was treated with cruelty by the complainant and other family members. Therefore, daughter of applicant No. 1 had lodged an FIR on 13.09.2022 at Police Station Navghar, District Mira Bhaidar, Basai Virar for offences under Sections 498A, 377, 406, 323, 504, 506, and 34 of IPC. Daughter of applicant No. 1 has also filed a petition for divorce on 14.10.2021. Similarly, on 18.07.2022, an application under Section 125 of the CrPC has also been filed by the daughter of applicant No. 1. A complaint under Section 12 of the Protection of Women from Domestic Violence Act has been instituted by daughter of applicant No. 1 against respondent No. 2 as well as other in-laws, namely Vikas Singh Bhadauria, Rajesh Singh Bhadauria, Ravi Singh Bhadauria, and Mrs. Richa Signature Not Verified Signed by: ANAND Ravi Bhadauria. The said application is also pending. It is submitted that by way of counterblast, false FIR in question has been lodged so as to pressurize the applicants not to pursue their case. To buttress his submissions, counsel for applicant has also relied upon the judgments passed by Supreme Court in the cases of Achin Gupta Vs. State of Haryana reported in 2024 SCC Online SC 759, Anupriya Pal and others Vs. State of U.P. And another reported in (2019)14 SCC 643, by Allahabad High Court in the case of Akanksha Katiyar adn others Vs. State of U.P. reported in 2024 SCC Online All 3141, by this Court in the case of Pradhumna and another Vs. State of M.P. And another decided on 26/4/2024 in M.Cr.C. No. 6261/2022 (Indore Bench) Chandrakant alias Rajaram Parmar and others Vs. The State of M.P. And others decided on 6/8/2024 in M.Cr.C. No.802/2024 (Indore Bench) Himanshu Sharma and others Vs. State of M.P. And others reported in 2024 SCC Online MP 3140 and Saiyad Asfaq Ali and others vs. Kaisar Begum Owaisi, reported in ILR (2017) MP 2567.

It is further submitted by counsel for applicants that on the date of alleged incident, applicants were not present, which could have been verified by the police if they had conducted a preliminary enquiry, and thus it is submitted that in light of the judgment passed by the Supreme Court in the case of Lalita Kumari v. State of U.P. reported in (2014) 2 SCC 1, preliminary enquiry was necessary.

5. Per contra, application is vehemently opposed by counsel for State as well as counsel for complainant. It is submitted that merely because preliminary enquiry has not been conducted, that by itself would not be