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2025 Supreme(Online)(MP) 6636

HIGH COURT OF MADHYA PRADESH
Vishal Mishra, J
Prakash Upadhyay – Appellant
Versus
State of Madhya Pradesh – Respondent
WRIT PETITION No. 20604 of 2025



Advocates:
For the Appellants/Petitioners: Anil Khare, Naman Nagrath, Chandrahas Dubey, Vikas Upadhyay, Ravindranath Chaturvedi, Ramnath Dwivedi, Hitendra Golhani, Utsarg Agrawal
For the Respondents: A. S. Baghel

The High Court has the inherent power to quash criminal proceedings, including after the filing of a charge-sheet, if it finds that the allegations are manifestly vexatious, frivolous, or initiated with ulterior motives, thereby constituting an abuse of the process of law and a miscarriage of justice.

Headnote:(A) Constitution of India - Article 226 - Code of Criminal Procedure - Section 482 - Indian Penal Code / Bharatiya Nyaya Sanhita - Protection of Children from Sexual Offences Act, 2012 - Section 22 - Quashment of FIR - Allegation of habitual filing of false and frivolous complaints by complainant to settle personal grievances or for extortion - Power of High Court to quash criminal proceedings even after filing of charge-sheet to prevent abuse of process of law - Need for preliminary enquiry in case of serial complainants. (Paras 17, 19, 21, 30)

(B) Criminal Jurisprudence - Malicious Prosecution - Abuse of process of law - Duty of Court to look into attending circumstances and record beyond mere averments in FIR when proceedings are prima facie vexatious. (Paras 19, 22)

Facts of the case:
The petitioner, a legal practitioner, sought the quashing of an FIR registered against him for alleged sexual offences against a minor. The petitioner contended that the complainant had a history of filing multiple false and frivolous complaints against various individuals to blackmail and pressurize them. Investigations by local police authorities into previous and current complaints consistently resulted in reports that no offence was made out, with closure reports being filed. The complainant repeatedly changed her versions and failed to support allegations with evidence, despite which police registered the present FIR.

Findings of Court:
The court noted that the complainant was a habitual offender known for filing fabricated criminal complaints to settle personal scores. Evidence collected during investigations, including forensic reports and witness statements, contradicted the allegations. The court held that permitting the prosecution to continue would result in a grave injustice and abuse of the judicial process.

Issues: Whether the High Court is justified in quashing an FIR and subsequent proceedings, even after the submission of a closure report or charge-sheet, when such proceedings are shown to be vexatious, malicious, and an abuse of the process of law.

Ratio Decidendi: The court maintained that when a complaint is demonstrated to be manifestly frivolous and instituted with ulterior motives, the High Court has the duty to intervene under its inherent and extraordinary jurisdiction. The judiciary must look beyond the face of the FIR to the overall attending circumstances to protect against the distress, humiliation, and damage caused by false accusations of serious offences.

Result: Writ petition allowed; FIR and all subsequent proceedings quashed.

Table of Content
1. factual history of the complainant's habitual false litigations. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. petitioner's argument regarding abuse of process and lack of evidence. (Para 7 , 8 , 9)
3. police investigative findings confirm the complaint is false. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16)
4. judicial criteria for quashing firs in malicious prosecution cases. (Para 17 , 18 , 19 , 20 , 21 , 22)
5. court orders quashment and directs prosecution for false complaints. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31)

ORDER

The present petition under Article 226 of the Constitution of India is filed assailing the FIR dated 11.6.2025 registered at Crime No. 255 of 2025 in Police Station Civil Lines, Rewa (M.P.) by the respondent No. 4 for the offence under Section 65 (2) of BNS, 2023 and Sections 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) against the petitioner.

2. Counsel appearing for the State has submitted that respondent no. 4 has been served and intimation regarding service to respondent no. 4 is uploaded in the reference column vide document dated 12.8.2025 sent by the In-charge, Police Station Civil Line, District Rewa.

3. State counsel has produced the case diary.

4. It is the case of the petitioner that he is a designated Senior Advocate practicing in the High Court of Madhya Pradesh since last more than 20 years. He belongs to a family of lawyers who all have given dedicated service to this Institution for almost more than five decades. Respondent no. 4 is the complainant and she has two minor daughters and she is in the habit of making a false and frivolous complaints regarding sexual assault against various people in her name as well as in the name of her minor daughters with ulterior motives. In order to file a criminal revision against the order dated 15.4.2024, the complainant came to the office of the petitioner. The case of the complainant was drafted and filed by the petitioner’s office on 15.5.2024. However, while preparing the matter for admission, on going through the records of the case, he came to know about the similar allegations being made by the respondent no. 4 against other persons in the past and found that the complainant is in the habit of making false and frivolous complaints in order to blackmail the people. So he asked her to engage another advocate and gave N.O.C. to the complainant on 27.9.2024. The denial of the petitioner to handle her case led to filing of frivolous complaints against the petitioner in order to blackmail him and to pressurize him. First complaint was made on 30.11.2024 against the petitioner wherein she has mentioned that she visited the petitioner’s office prior to Navratri from 3.10.2024 to 12.10.2024, the petitioner outraged her modesty. A legal notice sent by her was issued on 21.10.2024. However, in the legal notice, there was no such allegation levelled against the petitioner. The said legal notice was received on 24.10.2024. In the notice, she demanded that the petitioner to represent her in the case or return the fee which was paid to him else she would initiate legal proceedings against him. Thereafter, she made a complaint to the Superintendent of Police on 30.11.2024.

5. It is further pointed out that on 20.12.2024 the complainant went to meet the petitioner at High Court of Madhya Pradesh, Jabalpur with regard to her matter and on that date, the petitioner committed rape on her two years old daughter in front of Court Room No. 15 in the high court premises. This was a second attempt made by her to implicate the petitioner in a criminal case. Another complaint was made on 27.12.2024. The matter was investigated by the police authorities. Even CCTV footage was collected and the complaint made by the respondent no. 4 was found to be incorrect. Thereafter, the complainant again made similar complaints to the Collector, Rewa, Chief Medical Officer, Rewa, Inspector General of Police, Rewa, State Bar Council

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