SHUBHAM CHAURASIYA Vs. STATE OF M P
LAWS(MPH)-2014-10-68
HIGH COURT OF MADHYA PRADESH
Decided on October 10,2014

Shubham Chaurasiya Appellant
VERSUS
STATE OF M P Respondents

JUDGEMENT

B.D.RATHI, J. - (1.)ON the joint consent of the parties, the matter is heard finally.
(2.)THIS is a petition filed under Section 482 of the Code of Criminal Procedure (for short "the Code") for invoking the inherent jurisdiction vested to this court with a following relief: -
"By allowing this petition, the FIR registered at Crime No. 350/13 at police station Mahdoganj Lashkar Gwalior for the offence punishable under Sections 323, 294 and 506 of I.P.C. may kindly be quashed and consequently proceedings of criminal case may also be quashed."

(3.)IT may be necessary to notice a few relevant facts before adverting to the question as to whether this Court can quash the very First Information Report in exercise of its jurisdiction under Section 482 of the Code.
As per prosecution case, the incident occurred on 7/8/2013 at about 8 o' clock. Prompt report of the incident was lodged at 1 -30 a.m. at Madhoganj police station by informant Ms. Archana Chaurasiya against the present petitioner alleging that she and her brother Ravi Chaurasiya are residing in the rental house of accused Shubham Chaurasiya Vs. State of M.P. Som Charasiya. According to the complainant, accused Som Charasiya always used to abuse them and became ready for quarrel with an oblique purpose to forcibly vacate the rental house. It is alleged that on the date of incident on 7/8/2013 at 8 a.m. when she and her brother were present in the house, all of a sudden accused Som Chaurasiya came over there and after hurling abuses asked them to immediately vacate the tenanted house. Thereafter, accused slapped her and also threatened both of them to face serious consequences in the event of lodging the report with the police. On report of the complainant, the FIR has been registered as Crime No. 356/13 and after completion of the investigation, charge -sheet has been filed against the petitioner for commission of offences under sections 323, 294 and 506 of I.P.C.



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