Madhya Pradesh High Court
Arti Kori vs Shivnath Kori on 9 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:28200
1 MCRC-45586-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE B. P. SHARMA
ON THE 9 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 45586 of 2025
ARTI KORI AND OTHERS
Versus
SHIVNATH KORI
Appearance:
Shri Manish Datt - Senior Advocate assisted by Shri Eshaan Datt -
Advocate for the petitioners.
Shri Balkrishna Chansoriya - Advocate for the respondent.
Shri Manish Mukhraiya - Panel Lawyer for the State.
ORDER
This petition under Section 482 of CrPC, 1973 (Section 528 of BNSS,
2023) has been preferred by the petitioner seeking the following reliefs:-
“(1) Call for the entire record pertaining to R.C.T.
No.12414 of 2024 before this Hon’ble Court;
(2) Quash and set aside the order taking cognizance dated
11.11.2024 passed by the Court of Judicial Magistrate First
Class, Bhopal, District-Bhopal (M.P.) vide RCT No.12414
of 2024 and discharged the petitioner, in the interest of
justice;
(3) That, this Hon’ble Court be kind enough to grant such
other relief/reliefs to the petitioner as deemed just and
proper in the facts and circumstances of the case, in the
interest of justice.”
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 4/28/2026
11:20:31 AM
NEUTRAL CITATION NO. 2026:MPHC-JBP:28200
2 MCRC-45586-2025
2. Learned counsel for the petitioners submits that a complaint under
Section 200 CrPC has been filed by respondent-Shivnath Kori against the
petitioners for offences under Sections 211 and 500 read with Section 34
IPC. It is submitted that Petitioner No.1-Arti Gupta is the wife of Ashok
Kumar (son of the complainant) and Petitioner Nos.2 to 8 are her family
members. It is further submitted that the complaint is based on allegations
that false FIR bearing Crime No.133/2022 was registered at Mahila Thana,
Indore, under Sections 498-A, 323, 294, 506 IPC and Sections 3 and 4 of
Dowry Prohibition Act at the instance of Petitioner No.1. In the said case,
charge-sheet was filed against Ashok Kumar and Shivnath Kori. However,
said FIR No.133/2022 and consequential proceedings were quashed qua
Shivnath Kori by this co-ordinate Bench of this Court at Indore vide order
dated 27.02.2024 passed in M.Cr.C. No.39275/2023, which has subsequently
been set aside by the Hon’ble Supreme Court vide order dated 02.02.2026 in
SLP (Crl.) No.16882/2025. It is further submitted that the learned JMFC,
Bhopal, vide order dated 11.11.2024 passed in RCT No.12414/2024, has
taken cognizance against the petitioners under Sections 211, 500 and 34 IPC,
which is illegal and unsustainable in law, as no offence is made out against
them. The complaint is false, frivolous and vexatious, filed with an intent to
harass the petitioners. Accordingly, quashing of the proceedings in RCT
No.12414/2024 is sought.
3. Learned counsel appearing for the respondent/complainant
submits that the present petition is misconceived and premature, as it
challenges a well-reasoned order of cognizance where only a prima facie
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 4/28/2026
11:20:31 AM
NEUTRAL CITATION NO. 2026:MPHC-JBP:28200
3 MCRC-45586-2025
case is required to be seen. It is submitted that the petitioners have circulated
false and defamatory allegations against the respondent, lowering his
reputation. It is further submitted that at the stage of cognizance, detailed
appreciation of evidence is impermissible and the learned Magistrate has
rightly found a prima facie case on the basis of the complaint and material on
record. The petition is stated to be an abuse of process, particularly in view
of the petitioners’ avoidance of court proceedings despite issuance of
warrants. Accordingly, it is prayed that the petition be dismissed and the
order dated 11.11.2024 taking cognizance be upheld.
4. Heard the arguments advanced by learned counsel for the parties
and perused the material available on record.
5. The petitioners have assailed the order dated 11.11.2024 passed
by learned Judicial Magistrate First Class, Bhopal in RCT No.12414/2024,
whereby cognizance has been taken against them under Sections 211, 500
and 34 IPC. The case arises out of matrimonial disputes and earlier criminal
proceedings including FIR Crime No.133 of 2022 registered at Mahila
Thana, Indore. The proceedings arising out of the said FIR bearing Crime
No.133/2022 qua Shivnath Kori were earlier quashed by co-ordinate Bench
of this Court at Indore vide order dated 27.02.2024 in MCrC
No.39275/2023. However, the said order of this Court was subsequently set
aside by the Hon’ble Supreme Court vide order dated 02.02.2026 passed in
SLP (Crl.) No.16882 of 2025 ( Aarti Gupta vs. State of Madhya Pradesh &
Ors.) which reads as under:
“Leave granted.
Challenge in this appeal is to the order dated 27.02.2024
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 4/28/2026
11:20:31 AM
NEUTRAL CITATION NO. 2026:MPHC-JBP:282004 MCRC-45586-2025
passed by a learned Judge of the High Court of Madhya
Pradesh at Indore in Misc. Criminal Case No. 39275/2023,
whereby he partly allowed the petition and quashed First
Information Report (FIR) No.133/2022 registered with
Police Station – Mahila Thana, District – Indore, Madhya
Pradesh, for the offences punishable under Sections 498A,
323, 294, 506 and 34 of the Indian Penal Code, 1860 and
Sections 3 and 4 of the Dowry Prohibition Act, 1961,
insofar as it related to Shivnath Kori, respondent No. 3
herein, namely, the father-in-law of the complainant-
appellant.
Perusal of the impugned order reflects that, what weighed
with the High Court was the fact that respondent No.3
herein was a retired Government servant, having served as
a Joint Commissioner-cum-Joint Registrar of Co-operative
Societies in the State of Madhya Pradesh. His plea of alibi
seems to have been accepted by the High Court basing on
his position, without putting it to further proof. His ipse
dixit statement that he was not in Dewas on 25.11.2020 and
in Rau, Indore, during the month of July 2021, being the
dates relevant to the allegations made by the
complainantappellant, was not even put to test. By merely
relying upon his self-serving statement, the High Court
quashed the criminal proceedings against respondent No. 3,
the father-in-law of the complainant-appellant.
We have heard the learned counsel for the State of Madhya
Pradesh who, on the strength of his counter affidavit,
would support the complainant-appellant and argue that
respondent No. 3 had to prove his claims during the course
of the trial.
We have also heard the learned counsel appearing for
respondent No.3, who is unable to substantiate, on the basis
of the documents filed by him, that the plea of alibi putSignature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 4/28/2026
11:20:31 AM
NEUTRAL CITATION NO. 2026:MPHC-JBP:282005 MCRC-45586-2025
forth by respondent No.3 is supported by any clinching
documentary evidence.
In such circumstances, it is for respondent No.3 to
endeavour to discharge this burden during the course of the
trial and no cause was made out, at this stage, to quash
criminal proceedings against him. The impugned order
dated 27.02.2024, quashing the FIR and the proceedings
consequential thereto against respondent No. 3,
is unsustainable on facts and in law and is, accordingly, set
aside. All issues are left open to be addressed before the
trial Court in accordance with law.
The appeal is allowed in the aforestated terms.
Pending application(s), if any, stand disposed of. ”
6. In the present case, Trial Court has taken cognizance solely on the
basis of the order passed by the Coordinate Bench of this Court at Indore in
M.Cr.C. No.39275/2023, whereby FIR No.133/2022 and the subsequent
proceedings were quashed qua Shivnath Kori (respondent herein). However,
it is noted that the complainant of the aforesaid FIR approached the Hon’ble
Supreme Court and the Hon’ble Supreme Court, vide order dated 02.02.2026
passed in SLP (Crl.) No.16882/2025 has allowed the petition filed by the
complainant-Arti (petitioner herein) and set aside/reversed the findings
recorded in the order dated 27.02.2024 passed in M.Cr.C. No.39275/2023 by
the Coordinate Bench of this Court at Indore.
7. In view of the aforesaid legal position, the very foundation on
which the Trial Court had taken cognizance no longer survives.
Consequently, the impugned order dated 11.11.2024 passed by learned
Judicial Magistrate First Class, Bhopal in RCT No.12414/2024 cannot be
sustained in the eyes of law.
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 4/28/2026
11:20:31 AM
NEUTRAL CITATION NO. 2026:MPHC-JBP:28200
6 MCRC-45586-2025
8. Further, the impugned order does not reflect due application of
mind to the essential ingredients of the offences alleged under Sections 211,
500 and 34 IPC, particularly in light of the prior judicial proceedings and the
effect of the order passed by the Hon’ble Supreme Court. Accordingly, the
impugned order dated 11.11.2024 is set aside and the proceedings in RCT
No.12414/2024, so far as they relate to the petitioners, are quashed.
9. In view of above, the petition under Section 482 of CrPC, 1973
(Section 528 of BNSS, 2023) is allowed and disposed of.
Certified copy as per rules.
(B. P. SHARMA)
JUDGE
@shish
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 4/28/2026
11:20:31 AM
