IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

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ON THE 20 OF JANUARY, 2026 WRIT PETITION No. 29025 of 2021 SMT RADHA AGARWAL AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Amit Bansal - Advocate for the petitioners.

Shri Samar Ghuraiya - Govt. Advocate for respondents No.1 to

3/State.

ORDER This petition under Articles 226 and 227 of the Constitution of India has been preferred by the petitioners seeking following reliefs:-

"a) Criminal case at crime no 237/2021 registered at respondent no. 3 police station Jhansi Road Gwalior may kindly be quashed against the petitioners.

b) The respondent No. 1 and 2 may kindly directed to take action against the respondent no. 3 and 4 for false implicating the petitioners in the false criminal case.

c) For such other and further reliefs as this Hon'ble court may deem fit and proper in favour of petitioner."

2. The facts giving rise to the present petition are that petitioner No.1 is a senior citizen and widow whose husband died on 23.08.2020 during the COVID-19 pandemic. She is the absolute owner of a self-acquired residential house at Mahadji Park, Lashkar, Gwalior, purchased through a registered sale deed dated 20.09.1991. Respondent No.4, her daughter-in-law (wife of her elder son), along with respondent No.5 and their daughter, were residing in a portion of the said house. During the lifetime of petitioner No.1’s husband, the respondents No.4 and 5 continuously subjected the petitioners to verbal abuse, cruelty, and physical threats, compelling them to lodge criminal complaints. After her husband’s death, petitioner No.1 lived alone but was forced to leave her house due to escalating violence and threats by respondents No.4 and 5, and since 15.04.2021 has been residing with her younger son, petitioner No.2. Taking advantage of her absence, the respondents attempted to forcibly occupy the house and on 24.05.2021 damaged the property, abused, and attempted to assault petitioner No.1. Despite repeated complaints to the police authorities, no action was taken. Consequently, petitioner No.1 filed an application under the Maintenance and Welfare of Parents and Senior Citizens Act on 25.05.2021 seeking eviction of the respondents. Subsequently, respondent No.4 lodged an FIR regarding an alleged incident dated 27.04.2021 against unknown persons; however, during investigation, the petitioners were illegally implicated, resulting in registration of Crime No.237/2021 under Sections 452, 354, 323 and 34 IPC. Earlier, Petitioner No.1 and her husband had lodged an FIR bearing Crime No. 285/2015 against Respondent Nos. 4 and 5, which is presently pending trial, thereby clearly demonstrating their habitual conduct of harassment. Aggrieved by the arbitrary and mala fide action of the police, the petitioners have approached this Court seeking appropriate relief in the interest of justice.

3. Learned counsel for the petitioners submits that admittedly no First Information Report was ever registered against the petitioners at the inception of the case. However, respondent No. 3, without conducting any fair, impartial, or lawful investigation, has arbitrarily and illegally incorporated the names of the petitioners as accused persons in the said crime. Such action is wholly unjustified and amounts to a gross abuse of the process of law.

4. It is further submitted that respondents No. 4 and 5, with the sole and malafide intention of grabbing the house belonging to petitioner No. 1, have been continuously harassing her for several years. The impugned FIR has been lodged with an ulterior motive and with clear malice. Even while lodging the FIR, respondent No. 4 did not name the present petitioners. Despite this, the police authorities, acting arbitrarily and in collusion with the complainant, have falsely implicated the petitioners under Sections 452, 354, 323 and 34 of the Indian Penal Code. The entire action of the respondents is illegal, arbi