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

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ON THE 27 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 22797 of 2022 RAMBHAJAN SINGH Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

None for the petitioner.

Ms Anjali Gyanani - Public Prosecutor for respondent/State.

ORDER The present petition under Section 482 of Cr.P.C. has been filed by the petitioner for quashing FIR bearing Crime No.367/2021 registered at Police Station Maharajpura District Gwalior for offence punishable under Section

380 of IPC alongwith all consequential proceedings arising therefrom. 2. As per prosecution case, on 23/01/21 at about 12:00 noon, when the complainant reached his RO plant situated on his agricultural field along with his father Bhagwansingh Lodhi and friends Ravindrasingh Lodhi and Pansingh Lodhi, he noticed that the gate and boundary wall of his plant were broken. Upon entering the premises, he found that his RO plant machinery and an Ape loading vehicle bearing registration number MP 07 L 5107, along with camper equipment and approximately 300–200 water jars, had been stolen by unknown persons. He had earlier entered into an agreement regarding the RO plant with Ram Bhajan and Deepak, and due to their failure to pay outstanding amount, a dispute has been ongoing between them; therefore, he strongly suspected that the said RO plant, Ape vehicle, camper, and water jars have been stolen by them. On the basis of the aforesaid allegation, the present FIR has been registered.

3. The present petition has been filed by the petitioner on the following grounds:-

a) That, that the FIR is itself illegal as there is nothing available against the present petitioner, therefore the FIR as well as its consequential proceedings may kindly be quashed.

b) That, from the bare perusal of the Agreement (Annexure P/2) it is apparent that FIR is lodged with an oblique and ulterior motive, the complainant-after come into the agreement and receiving the amount all of sudden taken a summersault and in order to grab some undue advantage, put an excessive amount in to the cheque and presented before the bank. When, the petitioner stated that deal was of Five Lac rupees and same is also reflected from the agreement and complainant may only present the cheque rupees Three Lac, then complainant said that neither he give the plant, nor he return the amount, on the contrary he will implicate him in a false case. The same is also reflected from representation. Therefore, it is apparent that the FIR is lodged in order to grab some undue advantage, whereas, the complainant is himself is wrong on his part and while taking the advantage of this FIR seeks for grabbing some excessive amount. Hence, the FIR is liable to be quashed by this Hon'ble High Court.

c) That, it is also necessary to submit here that prior to lodging the FIR, the preliminary enquiry ought to have been conducted, however, the police personals in due collusion of complainant and without conducting any preliminary enquiry directly lodged the FIR. Otherwise also, in the entire prosecution story complainant himself concealed the factum of constituting the agreement dated 09/12/2019, which itself creates a serious doubt over the prosecution case. The FIR is itself appeared to be vague and lodged with an oblique and ulterior motive.

d) That, virtually, the entire prosecution story has been concocted by the complainant himself with a devious intention in his mind to not only harass the petitioner but also to extort undue money as a pressure tactic. Moreover, despite of such a clear observation of the Hon'ble Apex Court as well as this Hon'ble High Court of conducting preliminary enquiry on the basis of written complaint required to be conducted, however, in the present case without any preliminary enquiry/ investigation, suddenly merely on the basis of the complaint made by the respondent no.2, the Police Station taking a diametrically opposite view stating that a prim