By invoking inherent powers of this Court, the present petition has
been preferred by petitioners No.1 to 3, namely, Prahlad Tiwari, Ankit
Tiwari and Smt. Anita Tiwari respectively under Section 528 of BNSS (482
of the CrPC) seeking quashment of FIR, dated 24.09.2023 bearing Crime
No.378 of 2023 registered at Police Station University, District Gwalior for
the offence punishable under Sections 376, 377, 506, 34 of IPC and all
consequential criminal proceedings initiated therefrom.
As per prosecution story, the complainant/prosecutrix, aged about 28
years, resident of Bank Colony, Alkapuri, City Center, near New High Court,
Gwalior, appeared before the police station on 24.09.2023 and submitted a
written complaint. In the complaint, she stated that her marriage with
accused Ankit Tiwari (Petitioner No.2) was solemnized on 31.05.2022 at 3rd
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A-11, Sector-03, Vaishali, Ghaziabad in accordance with Hindu rites and
customs. After the marriage, she resided for some time at her matrimonial
home at Vaishali, Ghaziabad. Thereafter she accompanied her husband to
Hyderabad where he was employed, and later in January, 2023 her husband
was transferred to Delhi, after which she again started residing with him. On
25.03.2023, the complainant along with her husband Ankit Tiwari (Petitioner
No.2), her mother-in-law Anita Tiwari (Petitioner No.3) and her father-in-
law Prahlad Tiwari (Petitioner No.1) had come to Gwalior to attend a family
function organized at her parental house on the occasion of the opening of
her brother’s brand/store. It was alleged that after attending the function, the
complainant returned home along with the aforesaid persons and served them
water, and thereafter went to a room to change her clothes while her husband
allegedly went outside to attend a phone call. The complainant further
alleged that while she was changing her clothes in the room, her father-in-
law Prahlad Tiwari (Petitioner No.1) entered the room, caught hold of her
from behind and pushed her onto the bed. When she raised an alarm, her
mother-in-law Anita Tiwari (Petitioner No.3) allegedly entered the room and
pressed her mouth and asked her not to shout. It was further alleged that in
the meantime, her husband Ankit Tiwari (Petitioner No.2) entered the room
and asked his mother to keep watch outside so that no one would come
inside. Thereafter, her husband committed unnatural sexual intercourse with
her and thereafter her father-in-law committed rape upon her. It was also
alleged that thereafter her husband, mother-in-law and father-in-
law (Petitioners No.1 to 3) threatened her with dire consequences and
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warned her that if she disclosed the incident to anyone, they would kill her
and defame her as well as her family members. The complainant further
stated that due to fear and mental trauma she did not disclose the incident
immediately and remained silent as she feared that disclosure of the incident
might result in the breakdown of her marriage. Subsequently, on 24.09.2023,
she approached the police station along with her father, mother, brother and
maternal aunt and submitted the complaint seeking legal action against the
accused persons. On the basis of the said complaint, the police registered the
aforesaid FIR and commenced investigation. During the course of
investigation, the statement of the complainant under Section 161 of the
Code of Criminal Procedure, 1973 was recorded and her statement under
Section 164 of the Code of Criminal Procedure, 1973 was also recorded
before the learned Magistrate. The complainant was medically examined and
the spot map of the place of occurrence was prepared on her pointing out.
Statements of witnesses, namely, Ram Lakhan Sharma, Prabha Sharma and
Pramila Sharma were recorded during the investigation. The accused persons
Ankit Tiwari and Prahlad Tiwari were arrested and medically examined, and
the preserved samples were sent to the Regional Forensic Science
Laboratory, Gwalior for examination. Accused Anita Tiwari obtained
anticipatory bail from the competent court and was formally arrested and
released on bail in compliance with the said order.
