Madhya Pradesh High Court
Shailendra Singh Kushwah vs The State Of Madhya Pradesh on 17 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:9505
1 MCRC-45027-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
MISC. CRIMINAL CASE No. 45027 of 2021
SHAILENDRA SINGH KUSHWAH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Divakar Vyash - Advocate for the petitioner.
Shri Samar Ghuraiya - DGA for the respondents/State.
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Reserved on : 17/03/2026
Delivered on : 25/03/2026
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This petition having been heard and reserved for orders, coming on for
pronouncement this day, the Hon'ble Shri Justice Milind Ramesh Phadke
pronounced/passed the following:
ORDER
The present petition has been filed under Section 482 of the Code of
Criminal Procedure seeking quashment of the charge-sheet in relation to
Crime No. 290/2020 registered at Police Station Padav, District Gwalior, as
well as consequential proceedings pending before the learned JMFC,
Gwalior in Case No. RCT 5110/2021 for the offences punishable under
Sections 354, 294, and 506 of the IPC.
As per the prosecution story, the prosecutrix lodged an FIR alleging
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 07-04-2026
18:22:51
NEUTRAL CITATION NO. 2026:MPHC-GWL:9505
2 MCRC-45027-2021
that she was acquainted with the present petitioner and had cordial relations
with him. On 28.07.2020, the petitioner allegedly came to her house and
caught hold of her hand, thereby outraging her modesty, which led to
registration of the FIR. After completion of investigation, the police filed the
charge-sheet before the competent Court.
Learned counsel for the petitioner submits that the petitioner has been
falsely implicated due to a monetary dispute between the parties. It is
contended that the petitioner and his family had paid an amount of Rs.
3,00,000/- to the prosecutrix and her family, and upon demand of repayment,
the present false FIR has been lodged as a counterblast. It is further
submitted that the prosecutrix refused to undergo medical examination and
there are material contradictions between the FIR and her statement recorded
under Section 164 Cr.P.C. It is also contended that no independent evidence,
including CCTV footage, has been collected during investigation. The
petitioner has also submitted a complaint (Annexure P/3) on the same day
alleging false implication. On these grounds, it is prayed that the FIR and
consequential proceedings be quashed.
Learned counsel for the State opposed the petition and submitted that
there are specific allegations against the petitioner in the FIR as well as in
the statement of the prosecutrix. It is submitted that the charge-sheet has
been filed after due investigation and the matter requires trial. It is further
submitted that merely because there is a monetary dispute between the
parties, the criminal proceedings cannot be quashed at this stage.
Having heard learned counsel for the parties and perused the record,
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 07-04-2026
18:22:51
NEUTRAL CITATION NO. 2026:MPHC-GWL:9505
3 MCRC-45027-2021
this Court finds that the FIR contains specific allegations against the
petitioner regarding the commission of offences under Sections 354, 294,
and 506 of the IPC. The statement of the prosecutrix recorded under Section
164 Cr.P.C. also supports the prosecution case. The contention of the
petitioner that the FIR has been lodged due to a monetary dispute and as a
counterblast is a matter of defence, which cannot be examined in
proceedings under Section 482 Cr.P.C.
So far as the complaint (Annexure P/3) submitted by the petitioner is
concerned, the same has been filed on the same day; however, the existence
of a cross-complaint by itself does not render the prosecution case false or
liable to be quashed at this stage. It is well settled that at the stage of
quashment, this Court cannot conduct a roving enquiry into the disputed
questions of fact or evaluate the evidence on record. Since the allegations, on
their face, disclose commission of cognizable offences, no case for
interference is made out. Accordingly, the present petition being devoid of
merit is hereby dismissed.
It is made clear that this Court has not expressed any opinion on merits
of the case.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
(aspr)
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 07-04-2026
18:22:51