IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE HIMANSHU JOSHI

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ON THE 20 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 7352 of 2025 KOMAL MISHRA AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Manoj Kushwaha - Advocate for the petitioner.

Shri Amit Garg-P.L. for the respondent/State.

Shri Surya Kumar Patel - Advocate for respondent No.2.

WITH MISC. CRIMINAL CASE No. 7363 of 2025 PANKAJ MISHRA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Manoj Kushwaha - Advocate for the petitioner.

Shri Amit Garg-P.L. for the respondent/State.

Shri Surya Kumar Patel, learned counsel for the respondent No.2.

ORDER Both these petitions are heard together and a common order is being passed in the matter. In both the petitions, common FIR is being challenged and both the petitions were filed by the accused persons for quashment of the FIR, meaning thereby, the same relief is being claimed in both the petitions.

2. By filing these petitions, the petitioners are invoking the provisions of Section 528 of BNSS, 2023 for quashment of the FIR dated 29/12/2023 registered for the offences under section 306/ 34 of the Indian Penal Code at Crime No. 708 of 2023 at Police Station Amarptan District Maihar (MP).

3. The Learned Counsel for the Petitioners while arguing MCRC No.

7352 of 2025 has submitted that registration of FIR in the facts and circumstances of the present case is apparently illegal and arbitrary as no material is available on record. What ever material collected during the investigation does not make out even a prima facie case against the applicants. It was further submitted that soon before the suicide the deceased has recorded whatsapp video, wherein the name of the present applicants have not been mentioned. It was also submitted that the applicants are innocent and have been falsely implicated in the present case.

4. The learned counsel for the petitioner in MCRC No. 7363 of 2025 has argued at length by submitting that the applicant is innocent and has been wrongly implicated. In the whatsapp video the name of the petitioner has not been mentioned by the deceased. One of the ground raised in the petition that before suicide the deceased had named Mala Mishra and Komal Mishra and not the present applicant.

5. Per contra, learned Government advocate has submitted that the case diary speaks in volume and there are material available on record to show that the petitioners along with other co accused persons have threatened the deceased for dire consequences. The marriage was solemnized only 9 months back. The video footage is available which shows direct implication of the present applicants in the offence. No case for quashment of the FIR is made out.

6. The learned Counsel for the complainant, father of the deceased, has filed written objection along with WhatsApp chat between the deceased and the accused. The objector has vehemently opposed the quashment of the FIR by submitting that soon before committing suicide, the deceased had submitted an application dated 04/11/2023 with the SHO Amarpatan regarding harassment and threatening by the applicants. This piece of evidence is sufficient to prove the applicants guilty. He has also placed reliance upon the video footage of the deceased wherein specific averments have been made against the applicants.

7. Heard the Learned Counsels for the parties and perused the record of the case.

8. The deceased Ashutosh @ Anshu Tripathi S/o. Ramdarsh Tripathi, 25 years got married to the petitioner no. 1 on 08/02/2023. The petitioner no. 2 is sister-in-law of the deceased in M.Cr.C.No. 7352/25. The petitioner in MCRC No. 7363/25 is the brother of petitioners in connected petition. The deceased was subject to threatened by accused no. 4 who was having relation with the petitioner no. 1 before marriage. The deceased and petitioner no. 1 possesses mobile phones and the deceased used to receive threatening calls on his mobile from a particular mobile number