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

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ON THE 10 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 27298 of 2017 RAMESHWAR AND OTHERS Versus THE STATE OF MADHYA PRADESH THR AND OTHERS Appearance:

Shri Arun Kumar Paterya - Advocate for the petitioners.

Shri Brajesh Tyagi - Public Prosecutor for the respondent/State.

ORDER This petition under Section 482 of Cr.P.C. has been filed by the petitioner seeking quashment of FIR registered as Crime No. 133/2016 at Police Station Dehat Dabra District Gwalior for offence punishable under Sections 324, 323, 294, 506, 34 of IPC.

2. Learned counsel for the petitioners submits that on 05.07.2016, on account of previous enmity, Pooran Singh Jatav and his son Manoj Jatav assaulted petitioner No.2, Arun, with a knife, causing injuries to him, hurling obscene abuses, and issuing threats to kill. Petitioner No.2 immediately lodged a named First Information Report at Police Station Dabra on the same day at about 10:00 PM, which was registered as Crime No. 419/2016 for offences punishable under Sections 341, 294, 323, 506 and 34 of the Indian Penal Code. Petitioner No.2 was medically examined at the Government Hospital, where injuries were duly found on his body. Upon completion of investigation, the police found a prima facie case and accordingly filed a charge-sheet against Respondent Nos. 2 and 4 before the learned Judicial Magistrate First Class, Dabra, where the matter is presently pending trial.

3. It is further submitted that thereafter Respondent Nos. 2, 3 and 4 made repeated attempts to pressurize the petitioners to enter into a compromise, which was categorically refused. Aggrieved by such refusal, and with an ulterior motive of vengeance, the said respondents hatched a conspiracy and succeeded in getting a false and fabricated case registered on 23.07.2016 at Police Station Dabra Dehat, alleging that the petitioners had assaulted Respondent Nos. 3 and 4 near Simariya Railway Station. On the basis of the said report, Crime No. 133/2016 was registered against the petitioners for offences under Sections 323, 324, 294 and 506/34 IPC. During the course of a detailed inquiry conducted by a senior police officer, namely the Sub-Divisional Officer of Police (S.D.O.P.), it was categorically found that the First Information Report registered as Crime No. 133/2016 at the instance of Respondent No.2 is false, frivolous, and lodged maliciously with an intent to wreak vengeance upon the petitioners. The inquiry further revealed that although the presence of one Rikku Jatav was shown as an eyewitness in the FIR, the said witness categorically stated that no quarrel or incident whatsoever had taken place between the petitioners and Respondent No.4. In support thereof, Rikku Jatav submitted his sworn affidavit stating that on 23.07.2016 at around 6:00 PM, no dispute or altercation had occurred between the petitioners and Respondent No.4 in his presence. Despite the aforesaid findings and material on record conclusively demonstrating the falsity of the allegations, no closure report has been filed till date. Hence, the continuation of FIR No. 133/2016 and all proceedings arising therefrom amounts to abuse of the process of law and deserves to be quashed in the interest of justice.

4. Learned counsel for the State, opposing the petition, submits that the present petition under Section 482 of Cr.P.C. is misconceived and not maintainable, as the allegations contained in FIR No.133/2016 disclose commission of cognizable offences under Sections 323, 324, 294, 506 and 34 of IPC, which require full-fledged investigation and trial. It is contended that at the stage of quashment, this Hon’ble Court cannot embark upon an appreciation of evidence or adjudicate disputed questions of fact, including the alleged falsity of the FIR or the veracity of witnesses, which are matters exclusively within the domain of the trial court. Merely because there is a counter-case or previ