IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE st ON THE 21 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 1471 of 2026 ALOK SINGH Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Shivendra Singh Kushwah - Advocate alongwith Shri Pradhuman Singh Bhadauria - Advocate for the petitioner.

Ms. Kalpana Parmar - Public Prosecutor for the State.

ORDER The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is filed seeking quashment of F.I.R. dated 25.07.2023 bearing Crime No. 635 of 2023 registered at Police Station Mahila Thana, District Gwalior, for the offences punishable under Sections 498-A, 323, 294 read with Sections 3, 4 of the Dowry Prohibition Act, along with all consequential proceedings arising therefrom.

As per the prosecution case, the complainant, Aarti Rathore, wife of Alok Rathore and daughter of Ramnaresh Singh Tomar, aged 25 years, resident near Central Academy School, Adityapuram, Gwalior, accompanied by her father, presented a written application at Maharajpura Police Station, Gwalior, reporting harassment and dowry demands by her husband and in- laws. The complainant stated that her marriage with Alok Rathore, son of Janved Singh Rathore, originally from Raun, District Bhind, but currently residing at Shambhu Singh Rajawat’s house, Mira Colony, Bhind, was solemnized according to Hindu rituals on 09/07/2016. At the time of marriage, her father gave gifts and dowry according to his capacity. After about 6–7 months of marriage, her husband Alok Rathore (present petitioner) began physically assaulting her and demanding Rs.15 lakh from her father, saying she would be allowed to stay in the house only after bringing the money. Her brother-in-law, Bir Bahadur Singh Rathore and Sanjay Singh Rathore, also verbally abused her regularly using offensive language. Additionally, her sister-in-law Neetu Tomar would taunt her whenever she visited the marital home, saying that Aarti’s father had given nothing at the time of marriage, and would even suggest to Alok to leave her and arrange another marriage. Despite facing such harassment, the complainant/Aarti did not disclose these issues to anyone and endured the abuse. She gave birth to a son, Samar Pratap Singh, on 20/12/2020, and later to a daughter on 02/03/2022, who is born with a defect in one eye, which caused further harassment and violence from her in-laws. On 18/07/2023, due to suspicion that she was talking to another man, her husband physically assaulted her in the marital home at Mira Colony and abandoned her at her parental home in Adityapuram, Gwalior. Her father tried to reconcile with Alok, but he refused to take her back. On the basis of such allegations, the present FIR was registered against the accused.

Learned counsel for the petitioner has submitted before this Court that the petitioner has been falsely implicated in the present FIR on the basis of omnibus and exaggerated allegations and the present FIR appears to be a counterblast to an FIR previously registered by the petitioner against the boyfriend of respondent No.2, which clearly demonstrates that the present FIR has been lodged with a malicious intent to harass the petitioner and his family.

It is further submitted that the father of respondent No.2 himself lodged a missing person complaint at the police station because the respondent had voluntarily gone missing from her home and had eloped with her boyfriend, which establishes that the complainant was not subjected to any cruelty or harassment in the petitioner’s household.

It is also submitted that proceedings under Section 125 of the Cr.P.C., 1973 were filed by respondent No.2 before the competent court, which were dismissed with the finding that respondent No.2 was living her life with another person. This judicial finding further strengthens the petitioner’s contention that the allegations of cruelty and harassment are false and baseless.

It is further submitte