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Madhya Pradesh High Court · body

2013 DIGILAW 7 (MP)

Vivek Goyal v. State of M. P.

2013-01-02

ANIL SHARMA

body2013
ORDER 1.This order shall govern the disposal of M.Cr.C.No.8487/12, M.Cr.C.No.8488/12, M.Cr.C.No.8489/12 and M.Cr.C.No.8490/12 as they relate to quashing of four FIRs lodged by one complainant - respondent No. 2 against one same petitioner - Vivek Goyal allegedly having the same set of evidence in which the allegation of malafide intention of complainant for implicating the petitioner in false case has been made. 2. By filing the M.Cr.C.No.8487/12, quashing of charge-sheet and proceedings subsequent thereto in Criminal Case No. 1576/10 pending in the Court of JMFC, Gwalior for the offence under section 354 of IPC has been sought. Learned counsel for the petitioner submitted that the written report has been lodged by respondent No. 2 Shashi Kumar Jain regarding outraging of modesty of his daughter who was going for coaching. FIR has been registered at Police Station University, Gwalior at Crime No. 126/2009. 3. By filing M.Cr.C.No.8488/12, quashing of FIR registered at Crime No. 255/12 at Police Station University Gwalior has been sought. The FIR has been registered for the offence punishable under sections 323, 294 and 506B of IPC alleging that the complainant was beaten in order to force her to compromise in another case. It has been admitted in the FIR itself that the cases for old dispute are pending between both the parties. 4. By filing M.Cr.C.No.8489/12, quashing of FIR registered at Crime No. 15/12 has been sought by the petitioner. FIR has been registered at the same Police Station, University Gwalior for the offence under sections 341, 294, 323 and 506B of IPC. The FIR has been lodged on 9.1.2012 for the offence dated 7.1.2012 alleging that the petitioner abused the complainant and beaten her. For the reason of delay, it has been mentioned that the report has not been lodged due to fear but today when he got time the report has been lodged. 5. By filing M.Cr.C.No.8490/12 quashing of charge-sheet and proceedings of Criminal Case No. 1575/2010 pending in the Court of JMFC, Gwalior for the offence punishable under sections 327, 294, 323 and 506B of IPC has been sought. FIR has been registered at crime No. 451/09 at Police Station University, Gwalior on 27.11.2009 for the alleged offence of demand of Rs. 5,000/- been got registered by the complainant. The alleged incident was dated 25.11.2009 and no reason for delay has been mentioned in the FIR. 6. FIR has been registered at crime No. 451/09 at Police Station University, Gwalior on 27.11.2009 for the alleged offence of demand of Rs. 5,000/- been got registered by the complainant. The alleged incident was dated 25.11.2009 and no reason for delay has been mentioned in the FIR. 6. Learned counsel for the petitioner submitted that in all the cases police station is same, complainant is same, accused is same and witnesses are also same, namely Ravi Singhal who is brother-in-law of complainant and Nitish Agrawal. Learned counsel for the petitioner submitted that it cannot be the co-incident that on different dates, different times and at different places, the same witnesses will be available in the crowded area of Police Station, University Gwalior. 7. Learned counsel for respondent No. 2 submitted that where and as and when the incident occurred the report has been lodged and there is no malafide in lodging of report, therefore, the FIR and the proceedings cannot be quashed. From perusal of FIR registered at crime No. 255/12 it is clear that there is old dispute between the parties and the cases are also pending between the parties in Court. From perusal of FIR registered at crime No. 126/09 registered for the offence punishable under section 354 of IPC, it is clear that for the offence alleged to be occurred at 9 a.m. written report has been given at Police Station which is at the distance of 2 Kms. at 9:50 a.m. and the report has not been lodged by the victim who is daughter of complainant. The report has been lodged by the father of complainant. 8. Learned counsel for the petitioner placed reliance on the leading case of Hon’ble Apex Court in State of Haryana and others Vs. Ch. Bhajanlal and others, reported in AIR 1992 SC 604 in which while holding that FIR be quashed on rare of rarest condition quashing the FIR and the case of present petitioner falls under conditions No. 1 and 7 which are reproduced below: (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. 9. In the present case, if all the cases are seen collectively then it reflects that all the cases have been lodged with ulterior motive as it cannot be the co-incident that at four different times for four different incidents at different places same array of witnesses will be available for the complainant. 10. It is an admitted fact that the old dispute is pending between the complainant and petitioner, therefore, collectively for all the cases the conditions as mentioned by the Apex Court in the matter of State of Haryana and others Vs. Ch. Bhajanlal and others (supra) are applicable. 11. In view of the aforesaid factual matrix of the matter and in the light of guidelines laid down by the Apex Court in the matter of State of Haryana and others Vs. Ch. Bhajanlal and others (supra) for quashing the FIR and criminal proceedings, the proceedings of Criminal Case No. 1576/2012 pending in the Court of JMFC, Gwalior for the offence punishable under section 354 of IPC is hereby quashed, the FIR registered at crime No. 255/2012 at Police Station 506B of IPC is hereby quashed, FIR registered at crime No. 15/2012 at Police Station University Gwalior for the offence punishable under sections 341, 294, 323 and 506B of IPC is hereby quashed and the proceedings of Crimianl Case No. 1575/2010 pending in the Court of JMFC, Gwalior for the offences punishable under sections 327, 294, 323 and 506B of IPC is also quashed. Copy of this order by supplied to learned trial Court for necessary information and compliance.