NARESH PATHAK Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2019-3-159
HIGH COURT OF MADHYA PRADESH (FROM: GWALIOR)
Decided on
March 12,2019
Naresh Pathak
Appellant
VERSUS
STATE OF MADHYA PRADESH
Respondents
Referred Judgements :-
RAVIKANT DUBEY AND OTHERS VS. STATE OF M.P. AND ANOTHER [REFERRED TO]DHANALAKSHMI VS. R PRASANNA KUMAR [REFERRED TO]
STATE OF BIHAR VS. P P SHARMA IAS [REFERRED TO]
KANS RAJ VS. STATE OF PUNJAB [REFERRED TO]
STATE OF KARNATAKA VS. M DEVENDRAPPA [REFERRED TO]
STATE OF MADHYA PRADESH VS. AWADH KISHORE GUPTA [REFERRED TO]
RENU KUMARI VS. SANJAY KUMAR [REFERRED TO]
PREETI GUPTA VS. STATE OF JHARKHAND [REFERRED TO]
GEETA MEHROTRA VS. STATE OF U.P. [REFERRED TO]
SATISH MEHRA VS. STATE OF N.C.T. OF DELHI [REFERRED TO]
CHANDRALEKHA VS. STATE OF RAJASTHAN [REFERRED TO]
LALITA KUMARI VS. GOVT. OF U.P. [REFERRED TO]
TARAMANI PARAKH VS. STATE OF M.P. AND ORS. [REFERRED TO]
MONJU ROY VS. STATE OF WEST BENGAL [REFERRED TO]
JUDGEMENT
G.S.AHLUWALIA, J. -
(1.)This petition under Section 482 of CrPC has been filed for quashing the FIR in Crime No.159/2018 registered at Police Station Porsa, District Morena for offence under Sections 498-A, 294 and 34 of IPC.
(2.)The applicant is the father-in-law, the applicant No.2 is the mother-in-law, the applicant No.3 is the husband and the applicant No.4 is the brother-in-law of the complainant/ respondent No.2.
(3.)It is submitted by the counsel for the parties that during pendency of this petition, the charge-sheet has been filed. However, in the light of the judgment passed by the Supreme Court in the case of Satish Mehra Vs. State (NCT of Delhi) reported in (2012) 13 SCC 614, Anand Kumar Mohatta and Anr. Vs. State (Govt. of NCT of Delhi) Department of Home and Annother passed in CRIMINAL APPEAL No.1395 OF 2018 [Arising out of SLP (Crl.) No. 3730 of 2016] by judgment dated 15th November, 2018 and the judgment passed by a Coordinate Bench of this Court in Ravikant Dubey and Others Vs. State of M.P. and another reported in 2014 Cr.L.R. (M.P.) 162, this petition can be decided on merits and may not be dismissed on the ground of subsequent events. Accordingly, the parties are heard on merit.
(2.)The applicant is the father-in-law, the applicant No.2 is the mother-in-law, the applicant No.3 is the husband and the applicant No.4 is the brother-in-law of the complainant/ respondent No.2.
(3.)It is submitted by the counsel for the parties that during pendency of this petition, the charge-sheet has been filed. However, in the light of the judgment passed by the Supreme Court in the case of Satish Mehra Vs. State (NCT of Delhi) reported in (2012) 13 SCC 614, Anand Kumar Mohatta and Anr. Vs. State (Govt. of NCT of Delhi) Department of Home and Annother passed in CRIMINAL APPEAL No.1395 OF 2018 [Arising out of SLP (Crl.) No. 3730 of 2016] by judgment dated 15th November, 2018 and the judgment passed by a Coordinate Bench of this Court in Ravikant Dubey and Others Vs. State of M.P. and another reported in 2014 Cr.L.R. (M.P.) 162, this petition can be decided on merits and may not be dismissed on the ground of subsequent events. Accordingly, the parties are heard on merit.
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