Nilesh vs The State Of Madhya Pradesh on 6 April, 2026

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    Madhya Pradesh High Court

    Nilesh vs The State Of Madhya Pradesh on 6 April, 2026

    Author: Subodh Abhyankar

    Bench: Subodh Abhyankar

             NEUTRAL CITATION NO. 2026:MPHC-IND:12415
    
    
    
    
                                                                1                         MCRC-55845-2025
                                IN      THE     HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                           BEFORE
                                          HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                     ON THE 6 th OF APRIL, 2026
                                              MISC. CRIMINAL CASE No. 55845 of 2025
                                                           NILESH
                                                            Versus
                                                THE STATE OF MADHYA PRADESH
                             Appearance:
                                     Shri Sudeel Yadav - Advocate for the petitioner.
    
                                     Shri Hemant Sharma -Govt. Adv. appearing on behalf of Advocate
                             General.
    
                                                                    ORDER
    

    1] This This petition has been filed by the petitioner under section
    528 of BNSS for quashing the FIR lodged at crime no. 151 of 2022 at police
    station Tilak Nagar, Indore under Sections 376, 376(2)(N), 294, 506, 380,
    411, 201 of the IPC.

    2] The allegations against the petitioner is of rape on the pretext of
    marriage and also of theft of gold ornament from the house of the

    SPONSORED

    prosecutrix.

    3] The FIR in the present case was lodged on 14.5.2022 by the
    prosecutrix, alleging that she had met with an accident in the year 2004,
    because of which her right hand was not working properly, and in the year
    2020-2021, she met with the petitioner Dr.Swapnil Jain, who claims himself
    to be a physiotherapist and assured her that he would cure her hand

    Signature Not Verified
    Signed by: MONI RAJU
    Signing time: 02-05-
    2026 16:40:14
    NEUTRAL CITATION NO. 2026:MPHC-IND:12415

    2 MCRC-55845-2025
    completely and started coming to the prosecutrix’s home for physiotherapy.
    During this period, they grew close together and the prisoner also proposed
    the prosecutrix, and called her to his home on 22nd of September, 2021 to
    celebrate his birthday, where he got intimate with him on the pretext of
    marriage and subsequently, when the petitioner went to the house of the
    complainant prosecutrix, he also stole a gold necklace with Sapphire which
    belonged to the prosecutrix’s mother. However, when the prosecutrix still
    insisted to the petitioner to marry her, he refused and the petitioner and the
    prosecutrix also came to know that the petitioner was already married, and is
    a father of a girl which led the proscutrix to lodge the FIR as a forced said.

    4] Shri Sudeel Yadav, learned counsel for the petitioner has submitted
    that the petitioner has been falsely implicated in the case as admittedly the

    prosecutrix was a consenting party, and only with a view to take advantage
    of her position of a woman, she has lodged a false case against the petitioner,
    in which an offense of theft has also been alleged against him. Counsel has
    submitted that that it is true that an invoice of Vaibhav Shree Jewellers,
    Sarafa has also been seized by the police, but that itself is not sufficient to
    hold that the petitioner had stolen the article from the prosecutor’s home.
    Thus, it is submitted that the petition deserves to be allowed as a frivolous
    case has been lodged against the petitioner.

    5] Counsel for the State has opposed prayer.

    6] Head. Having considered all submission, perusal of the document
    filed on the court. it is found that the petitioner has not even made the
    prosecutrix as a party respondent despite the fact that he was the aggrieved

    Signature Not Verified
    Signed by: MONI RAJU
    Signing time: 02-05-
    2026 16:40:14
    NEUTRAL CITATION NO. 2026:MPHC-IND:12415

    3 MCRC-55845-2025
    party. Apart from that, considering the fact that during the course of
    investigation, an invoice of the jeweler has also been seized from the
    position of the petitioner, which only substantiates the allegations made by
    the prosecutrix, this court is of the considered opinion that this is not a case
    where the inherent powers of this court under section 482/528 of BNSS can
    be exercised.

    7] Accordingly, petition being devoid of merit and misconceived is
    hereby dismissed.

    (SUBODH ABHYANKAR)
    JUDGE

    moni

    Signature Not Verified
    Signed by: MONI RAJU
    Signing time: 02-05-
    2026 16:40:14



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