IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

MISC. CRIMINAL CASE No. 55289 of 2021

VINDESH JAYSAWAL AND OTHERS

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Kuber Boddh - Advocate alongwith Shri Vijay Sundram -

Advocat for the petitioners.

Shri Brijesh Kumar Tyagi - Public Prosecutor for the State.

None for the respondent No.2 though served.

RESERVED ON :- 14/01/2026 DELIVERED ON :- 16/01/2026

ORDER three months prior to the lodging of the report, the complainant had gone to get wheat grind into flour at the flour mill of the accused Vindesh Jaiswal (petitioner No.1). The accused allegedly asked her to bring money from his house, stating that he had to pay the cart owner. Acting on this request, the complainant went to the house of the accused, who followed her there. It was further alleged that upon reaching the house, the wife of the accused offered the complainant water to drink. Thereafter, the accused allegedly bolted the door of the house from inside and sent his wife outside. The accused is alleged to have thereafter committed forcible sexual intercourse with the complainant. It was further alleged that when the complainant regained consciousness, she found herself without clothes and started crying. Upon asking for her clothes, the petitoner No.2/wife of the accused allegedly handed them over, after which the complainant returned to her house. It was further alleged that the complainant did not disclose the incident to anyone due to threats extended by the accused that if she disclosed the incident, he would kill her and her brother. It was further alleged that on 24.07.2019, the accused again assaulted the complainant at his shop. Thereafter, the complainant allegedly disclosed the entire incident to her mother and brother and, on the next day, approached the police station along with her mother to lodge the report. On the basis of the said complaint, alleged F.I.R. was registered against the petitioners, and the matter was taken up for investigation.

This petition under Section 482 of the Code of Criminal Procedure has

been filed by the petitioners seeking quashment of First Information Report (FIR) registered at Crime No.546 of 2019 by Police Station Janakganj, District Gwalior (M.P.) for the offence punishable under Sections 376, 323, 506, 34 of IPC and Sections 3(1)(d), 3(1)(dha), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

(Amendment 2015) and all consequential proceedings.

As per prosecution story, the complainant/prosecutrix, daughter of

Satish Maurya, aged about 20 years, resident of Sunar Ki Bagiya, Ramdas Ghati, appeared before Police Station Janakganj, Gwalior, along with her mother Phoolwati, and submitted a written complaint alleging that about

Learned counsel for the petitioners submitted that the impugned First Information Report and the consequential criminal proceedings are liable to be quashed in exercise of the inherent powers of this Hon’ble Court under Section 482 of the Code of Criminal Procedure, as continuation of the same would amount to a clear abuse of the process of law and would not serve the ends of justice.

It was further submitted that as per the prosecution story itself, the alleged incident of sexual assault is stated to have occurred about three months prior to the lodging of the FIR and there is an inordinate and unexplained delay in reporting the incident. No plausible or convincing explanation has been furnished for such prolonged silence. The Hon’ble Supreme Court in Mohd. Wajid and Others vs. State of Uttar Pradesh, (2023) 20 SCC 219, has held that unexplained and abnormal delay in lodging the FIR, particularly in serious offences, is a significant circumstance which casts a serious doubt on the credibility of the prosecution version and entitles the Court to exercise its jurisdiction to prevent abuse of process.

It was further submitted that the conduct of the prosecutrix, as narrated