IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE MISC. CRIMINAL CASE No. 52616 of 2025 MUKTESH JAIN Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Amit Lahoti - Advocate for the petitioner [P-1].

Shri Mohit Shivhare Ga appearing on behalf of Advocate General[r-

1].

Shri Rahul Bansal, learned counsel for the respondent [R-2].

Reserved on : 9.12.2025 Pronounced on : 9.01/2026 This petition having been heard and reserved for orders, Hon’ble Shri Justice Milind Ramesh Phadke, Judge pronounced the following:

ORDER This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of FIR and consequential criminal proceedings registered in Crime No. 459/2025 at Police Station Gwalior, District Gwalior for the offence under Sections 352 and 69 of the Bharatiya Nyaya Sanhita.

2. As per the prosecution case, the present FIR has been registered on the basis of a written complaint by the prosecutrix (respondent No.2) at Police Station Gwalior, District Gwalior, which has been registered as Crime No. 459/2025 for offences under Sections 352 and 69 of the Bharatiya Nyaya Sanhita. According to the allegations made in the FIR, the marriage of the prosecutrix was solemnized with one Dharmendra Chauhan about 14 years ago. Due to matrimonial disputes, she has been living separately from her husband for the last about 6 years. It is alleged that about 6 years ago, the prosecutrix came in contact with the present petitioner. In the month of April, 2020, the petitioner allegedly came to her house and, on the false promise of marriage, established physical relations with her by representing himself as her husband. It is further alleged that thereafter the petitioner continued to maintain physical relations with the prosecutrix on the same assurance of marriage. According to the FIR, when the prosecutrix asked the petitioner to marry her, the petitioner refused and also abused her in filthy language. It is further alleged that on several occasions, the prosecutrix insisted for marriage, but the petitioner avoided and did not give any positive response. On the basis of the above allegations, the prosecutrix lodged the present FIR, alleging that the petitioner cheated her and established physical relations with her on false promise of marriage and also abused her. On these allegations, the police registered the present FIR and started investigation against the petitioner for offences under Sections 352 and 69 of the Bharatiya Nyaya Sanhita.

3. Learned counsel for the petitioner argued that the present FIR has been lodged only to harass and pressurize the petitioner. The conduct of the prosecutrix clearly shows that the FIR is a counterblast to the civil and criminal proceedings initiated by the petitioner against her and her husband.

The prosecutrix herself has stated in the FIR and in her statement that the petitioner never clearly refused to marry her. Therefore, the basic allegation of cheating on false promise of marriage is self-contradictory. The FIR is thus an abuse of the process of law and deserves to be quashed. Learned counsel further argued that in the years 2019 and 2020, the prosecutrix and her husband executed an agreement with the petitioner in respect of a property. When the agreement was not honoured, the petitioner sent a legal reminder. When no response was given, the petitioner was compelled to file a civil suit before the Civil Court, Gwalior. The prosecutrix also executed another agreement and received some amount from the petitioner. On several occasions, the prosecutrix and her husband received money from the petitioner. When the petitioner demanded his money back, they did not return it. Therefore, the petitioner made a complaint to the police on 11.09.2025. When no action was taken by the police, the petitioner filed a private complaint before the competent court. Only after these proceedings were initiated by the petitioner