IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE AJAY KUMAR NIRANKARI

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ON THE 3 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 50775 of 2023 GAVISH DIXIT AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Somi Chourasia - counsel for petitioners Shri Manohar Meena - counsel for State Shri Abhishek Arjaria - counsel for respondent no.2 ORDER The instant petition has been preferred under Section 482 of Cr.P.C for quashing FIR in connection with Crime No.72/2023 and further criminal proceeding pending before JMFC, Khirkiya District Harda in RCT No.61/2023.

2. The brief facts necessary for adjudication of the matter are that on

18/02/2023 the respondent appeared before Police Station Cheepabad, District Harda, and lodged a complaint alleging that her marriage with petitioner No.1 was solemnized on 03/11/2014 in accordance with Hindu rites and customs. Through the process of IVF, the respondent gave birth to a child. Initially, the relationship between petitioner No.1 and the respondent remained cordial; however, subsequently the respondent was subjected to harassment and cruelty on account of a demand of Rs.10,00,000/-. In the month of June, 2020 she left her matrimonial home as her husband, mother-

in-law, and father-in-law continuously harassed her for fulfillment of the said demand.

3. On the basis of the aforesaid complaint, FIR in Crime No.72/2023 was registered at Police Station Cheepabad, District Harda, for the offences punishable under Sections 498-A, 506, and 34 of the Indian Penal Code and Section 34 of the Dowry Prohibition Act.

4. After completion of the investigation, the police authorities filed a charge-sheet before the learned JMFC, which after committal was registered as R.C.T No. 61/2023 before the Court of JMFC, Khirkiya, District Harda (M.P.).

5. Learned counsel for the petitioners submitted that the marriage between petitioner No.1 and respondent no.2 was solemnized on 03/11/2014. Due to certain medical complications, the respondent was unable to conceive naturally, therefore, both spouses underwent medical examination and ultimately with the help of IVF technique, the respondent delivered a baby girl. It is contended that the respondents never demanded any dowry and all medical expenses relating to IVF treatment were borne by the petitioners. It is further argued that the respondent was unwilling to reside with the petitioners and frequently created disputes over trivial matters. During the course of argument counsel for petitioners have produced the certified copy of order of trial court by which the court had rejected the petitioner's application under Section 311 of Cr.P.C.

6. It is also submitted that the respondent filed a private complaint before CJM, Sujalpur District Shajapur seeking registration of a criminal case under Sections 365, 294, 323, 341, 511 and 34 of IPC, pursuant to which Crime No.77/2023 was registered. During investigation, the SHO, Police Station Avantipur Badoria submitted a report dated 22/09/2023 before the CJM, Sujalpur, District Shajapur, wherein it was specifically mentioned that the allegations were found to be incorrect and no further offence was made out against the petitioners. On these grounds, it is urged that the present petition deserves to be allowed and FIR and all consequential criminal proceedings be quashed.

7. Per contra, learned counsel for the respondent contended that FIR itself discloses commission of cognizable offences. It is submitted that the police authorities conducted a fair and impartial investigation and found sufficient prima facie material against the petitioners, whereupon the charge- sheet was filed and cognizance was duly taken by the trial court. It is argued that the genuineness of allegations can only be decided after appreciation of evidence led by both the parties during trial. Thus, the application deserves to be dismissed.

8. It is an admitted position that petitioner No.1 is the husband, while petition