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

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ON THE 26 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 36345 of 2025 SUNIL SINGH BHADOURIYA AND OTHERS Versus SMT PRIYANKA SINGH BHADAURIYA AND OTHERS Appearance:

Shri Prashant Sharma - Advocate and Shri Devendra Kumar Sharma -

Advocate for the petitioners.

Shri Mohit Shivhare - Public Prosecutor for respondent/State.

Shri Rishikesh Bohare - Advocate for respondent [R-1].

ORDER This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973) has been preferred by the petitioners assailing the legality, propriety and correctness of the order dated 07.07.2025 passed by the learned 22nd Additional Sessions Judge, Gwalior in Criminal Revision No.175/2025 and the consequential order dated 17.07.2025 passed by the learned Judicial Magistrate First Class, Gwalior in UNCR No. …../2024, whereby the Station House Officer, Police Station Maharajpura, District Gwalior, has been directed to register an FIR against the present petitioners.

2. The facts, in brief, are that respondent No.1/complainant filed an application under Section 156(3) of the Code of Criminal Procedure before the learned JMFC, Gwalior on 27.01.2024. In the said application, it was alleged that she had earlier lodged a report at Police Station Maharajpura on 19.03.2023, which was registered as Crime No.222/2023 for offences punishable under Sections 294 and 506 of the Indian Penal Code. During the course of investigation in the said crime, offences under Sections 498A and 323/34 of the IPC as well as Sections 3 and 4 of the Dowry Prohibition Act were also added. It was further alleged that on 18.12.2023 at about 7:00 PM, when the complainant was present at her residence situated at F.H. 484, D.D. Nagar, Gwalior, her husband Sunil Singh Bhadoriya, her sister-in-law Neelam Chauhan and Smt. Upasana Singh Parihar entered the house in furtherance of their common intention and pressurized her to compromise the pending dowry-related case. Upon her refusal, it was alleged that they assaulted her with kicks and fists, thereby causing injuries. It was also alleged that during the altercation, Smt. Upasana Singh Parihar snatched the gold chain worn by the complainant. The complainant further alleged that the driving licence of the present petitioner fell at the spot and came into her possession. It was stated that her father and one Shashi Kant Bhargava intervened in the matter. It was also alleged that when she called the police, her husband forcibly snatched her mobile phone and threw it under the sofa, and all the accused persons threatened that if she reported the matter to the police, they would kill her daughter.The complainant thereafter approached Police Station Maharajpura and narrated the incident, but the Station House Officer allegedly informed her that since an FIR in relation to the dowry dispute had already been registered, no further FIR would be lodged. It was further averred that she sent a written complaint by speed post to the Police Station on 19.12.2023; however, no action was taken. Consequently, she filed the aforesaid application under Section 156(3) of Cr.P.C. Upon receiving the application, the learned JMFC called for a status report regarding the allegations. After considering the material available on record and the submissions advanced, the learned JMFC rejected the application vide order dated 22.10.2024. Aggrieved thereby, respondent No.1 preferred Criminal Revision No.23/2025, which was partly allowed vide order dated 14.02.2025, and the matter was remanded to the trial Court after setting aside the order of the JMFC. In compliance with the order of the revisional Court, the learned JMFC reconsidered the matter and, after examining the allegations and the material placed on record, again rejected the application under Section 156(3) Cr.P.C. vide order dated 08.05.2025. Agains