Surendra Singh Alawa vs The State Of Madhya Pradesh on 23 February, 2026

    0
    39
    ADVERTISEMENT

    Madhya Pradesh High Court

    Surendra Singh Alawa vs The State Of Madhya Pradesh on 23 February, 2026

             NEUTRAL CITATION NO. 2026:MPHC-JBP:20314
    
    
    
    
                                                                   1                          MCRC-18077-2025
                                     IN       THE    HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                               BEFORE
                                                HON'BLE SHRI JUSTICE HIMANSHU JOSHI
                                                       ON THE 23 rd OF FEBRUARY, 2026
                                                    MISC. CRIMINAL CASE No. 18077 of 2025
                                                 SURENDRA SINGH ALAWA AND OTHERS
                                                               Versus
                                              THE STATE OF MADHYA PRADESH AND OTHERS
                               Appearance:
                                     Shri Amit Jain - Advocate for the petitioners.
                                     Shri Sachindra Raghuwanshi - Panel Lawyer for the State.
                                     Shri Bhanu Prakash Vishwakarma - Advocate for respondent No.2.
    
                                                                    ORDER
    

    The petitioners have filed present petition under Section 528 of the BNSS,
    2023 for quashing of FIR registered at Police Station Khurai District Sagar at
    Crime No.158/2024 for offence under Section 498-A of the IPC and Sections 3/4
    of the Dowry Prohibition Act along with all consequential proceedings before the
    trial Court.

    2. Facts of the case in short are that the marriage between applicant No.1 and
    respondent No.2 was solemnized on 31.01.2019 according to Hindu Rites and

    SPONSORED

    Rituals. The respondent alleged that within 2-3 months of the marriage, she was
    subjected to cruelty and harassment by the petitioner and his family members for
    dowry. It was alleged that they demanded Rs.10/- lakhs in cash and a four-wheeler
    from her father. The respondent No.2 further alleged that she had transferred
    money to the Bank account of Surendra Singh Alawa and had also repaid a loan of
    Rs.4/- lakhs taken by him. Subsequently, on 10.04.2024, the respondent No.2
    lodged an FIR at Police Station Khurai, District Sagar against the petitioner No.1

    Signature Not Verified
    Signed by: PANKAJ NAGLE
    Signing time: 13-03-2026
    17:48:39
    NEUTRAL CITATION NO. 2026:MPHC-JBP:20314

    2 MCRC-18077-2025
    and his family members for offences punishable under Section 498-A of the IPC
    and Sections 3 & 4 of the Dowry Prohibition Act, 1961. After investigation, the
    Investigating Officer filed a final report under Section 173 of the Code of Criminal
    Procedure on 22.06.2024 and the learned trial Court took cognizance of the
    offences under Section 498-A IPC and Sections 3/4 of the Dowry Prohibition Act
    against the petitioners.

    3. Learned counsel for the petitioners has argued that all the allegations are far
    from the truth and baseless. It is also submitted that the whole contentions of the
    FIR are counter blast to an incident, where the respondent No.2 was caught red
    handed in a compromising condition with on office colleague Kapil. It is
    submitted that the petitioner No.1 is posted at Government College Seoni and
    respondent No.2 is working in Government Hospital Khurai, Sagar. The

    respondent No.2 stayed at Sagar along with daughter. Attention of the Court was
    drawn towards the eye opining incidence took place on 22.04.2023 at Khurai,
    when the petitioner No.1 has given a surprise visit at the house of respondent No.2,
    wherein the respondent No.2 and his office colleague Kapil were found in
    compromising situation in the house at 7 AM. A Maffinama (Annexure A/3) was
    also placed on record, wherein the respondent No.1 as well as Kapil has admitted
    their illicit relationship since one year. The learned counsel for the petitioners has
    also drawn attention of this Court on decree of divorce dated 29.12.2025 passed by
    the Judicial Magistrate Senior Division, Manavar, District Dhar. It is submitted
    that this decree is a contested decree. It was also argued that since marriage the
    respondent No.2 is residing at Khurai and the petitioner No.1/husband is residing
    at Seoni, whereas the petitioner No.2 is residing at Indore. In such circumstances,
    no question of dowry demand arose. The FIR is nothing more than a counter blast,
    the present FIR has been filed with the sole intention to harass the petitioner and

    Signature Not Verified
    Signed by: PANKAJ NAGLE
    Signing time: 13-03-2026
    17:48:39
    NEUTRAL CITATION NO. 2026:MPHC-JBP:20314

    3 MCRC-18077-2025

    his family. Thus, a prayer for dismissal of the FIR was made. Hence, it is prayed
    that the present petition be allowed and FIR as well as other consequential
    proceedings may also be quashed.

    4 Per-contra, learned counsel for the respondent No.2 oppose the arguments. It is
    vehemently submitted that the nature of the petitioner No.1/husband has been very
    cruel, aggressive. It is also submitted that behaviour of mother is also rude to the
    respondent no.2/ wife. The counsel for the respondent No.2 denied any such
    incidence caused on 22.04.2023. The learned counsel for the State has supported
    filing of charge sheet and FIR. It is submitted that all the arguments put forth by
    the counsel for the petitioners are subject to evidence. The allegations are required
    to be proved by leading cogent evidence. A prayer for dismissal of the petition is
    made.

    5. Heard learned counsel for the parties. Perused the documents available on
    record with the assistance of the learned counsel for the parties.

    6. Perusal of the record of the case revels that the marriage between the
    petitioner No.1 and respondent No.2 was solemnized on 31.01.2019 at Dhar and
    out of their wedlock, a girl child was born in the year 07.12.2021. The petitioner
    N. 2 is the mother of petitioner No.1. and mother-in-law of respondent No.2. The
    FIR reveals that the behaviour of petitioner No.1 (husband) and petitioner No.2
    (mother-in-law) was allegedly cruel and aggressive, and that a demand of dowry of
    Rs.10 lakhs in cash along with a four-wheeler was made. It is further alleged that
    Respondent No.2 was subjected to physical and mental harassment by the
    petitioners, including the use of filthy language, as a result of which her life
    became miserable.

    7. After registration of the FIR, the investigation commenced and upon

    Signature Not Verified
    Signed by: PANKAJ NAGLE
    Signing time: 13-03-2026
    17:48:39
    NEUTRAL CITATION NO. 2026:MPHC-JBP:20314

    4 MCRC-18077-2025
    completion thereof, a charge sheet dated 22.06.2024 was filed against the
    petitioners for the offences punishable under Section 498-A of the IPC and
    Sections 3 and 4 of the Dowry Prohibition Act.

    8. From the record, it is admitted position that the respondent No.2 is working at
    Government Hospital Khurai and the petitioner No.1 is posted at Government
    College Seoni. This Court has perused the decree passed by the Judicial Magistrate
    Senior Division, Manavar District – Dhar dated 29.12.2025 placed on record. A
    close reading of the impugned order reveals that, even in those proceedings, the
    issue regarding Respondent No.2 allegedly being caught red-handed in a
    compromising situation was raised, and the learned Trial Court has considered and
    dealt with the said issue. The Court has categorically held that the respondent
    No.2 has failed to prove her innocence on this issue. At this stage, this issue has
    reached to the conclusion. The record of the case also reveals that the respondent
    No.2 was also created some nuisance in her transfer and subsequently her transfer
    got cancelled. All these series of events creates doubt upon the conduct of the
    respondent no.2.

    9. In the case of State of Haryana vs. Bhajan Lal, 1992 Supp (1) SCC 335 , the
    Supreme Court has laid down following principles for the exercise of the
    jurisdiction by the High Court in exercise of its powers under Section 482 CrPC to
    quash an FIR or charge sheet as well as criminal proceedings:-

    “102. In the backdrop of the interpretation of the various
    relevant provisions of the Code under Chapter XIV and of the
    principles of law enunciated by this Court in a series of
    decisions relating to the exercise of the extraordinary power
    under Article 226 or the inherent powers under Section 482
    CrPC which we have extracted and reproduced above, we
    give the following categories of cases by way of illustration
    wherein such power could be exercised either to prevent

    Signature Not Verified
    Signed by: PANKAJ NAGLE
    Signing time: 13-03-2026
    17:48:39
    NEUTRAL CITATION NO. 2026:MPHC-JBP:20314

    5 MCRC-18077-2025
    abuse of the process of any court or otherwise to secure the
    ends of justice, though it may not be possible to lay down
    any precise, clearly defined and sufficiently channelised and
    inflexible guidelines or rigid formulae and to give an
    exhaustive list of myriad kinds of cases wherein such power
    should be exercised.

    (1) Where the allegations made in the first information report
    or the complaint, even if they are taken at their face value and
    accepted in their entirety do not prima facie constitute any
    offence or make out a case against the accused.
    (2) Where the allegations in the first information report and
    other materials, if any, accompanying the FIR do not disclose
    a cognizable offence, justifying an investigation by police
    officers under Section 156(1) CrPC except under an order of
    a Magistrate within the purview of Section 155(2) CrPC.
    (3) Where the uncontroverted allegations made in the FIR or
    complaint and the evidence collected in support of the same
    do not disclose the commission of any offence and make out
    a case against the accused.

    (4) Where, the allegations in the FIR do not constitute a
    cognizable offence but constitute only a non-cognizable
    offence, no investigation is permitted by a police officer
    without an order of a Magistrate as contemplated under
    Section 155(2) CrPC.

    (5) Where the allegations made in the FIR or complaint are so
    absurd and inherently improbable on the basis of which no
    prudent person can ever reach a just conclusion that there is
    sufficient ground for proceeding against the accused.
    (6) Where there is an express legal bar engrafted in any of the
    provisions of the Code or the Act concerned (under which a
    criminal proceeding is instituted) to the institution and
    continuance of the proceedings and/or where there is a
    specific provision in the Code or the concerned Act,
    providing efficacious redress for the grievance of the
    aggrieved party.

    Signature Not Verified
    Signed by: PANKAJ NAGLE
    Signing time: 13-03-2026
    17:48:39

    NEUTRAL CITATION NO. 2026:MPHC-JBP:20314

    6 MCRC-18077-2025
    (7) Where a criminal proceeding is manifestly attended with
    mala fide and/or where the proceeding is maliciously
    instituted with an ulterior motive for wreaking vengeance on
    the accused and with a view to spite him due to private and
    personal grudge.”

    Regarding initiation of the criminal proceedings against the husband and his
    family members after the divorce petition/restitution of conjugal rights is filed by
    the husband, reference may also be had to the decision of the Supreme Court in the
    case of Kamlesh Kalra Vs. Shilpika Kalr And Ors. reported in 2020 (4) JKJ 176,
    the Supreme Court has held as under:-

    “15. As regards, the finding recorded by the High Court in
    respect of complaint/FIR filed under Section 498A IPC, we
    are of the firm opinion that the same does not call for
    interference. In the facts of this case, it is clear that the FIR
    filed in this regard in 2015 was time barred, having been
    filed much more than three years after the separation of xxxx
    (husband) and xxxx (wife) and the filing of the divorce
    petition by the husband, both in 2009. In the facts of the case,
    the reasons given by the High Court for quashing the
    proceedings under section 498A IPC are justified and do not
    call for interference by this Court.

    10. Similarly, in the case of Kahkashan Kausar @ Sonam & Ors. Vs. State of
    Bihar and Ors.
    reported in 2022 Legal Eagle (SC) 142 Criminal Appeal
    No.195/2022 (arising out of a SLP (Crl) No.6545/2020 dated 08.02.2022, the
    Supreme Court has dealt with the growing tendency in matrimonial disputes to
    lodge false FIR against the husband and his family members u/s.498-A of IPC to
    settle the personal scores against them, and it is held as under:-

    “12. Before we delve into greater detail on the nature and
    content of allegations made, it becomes pertinent to mention
    that incorporation of Section 498-A of the IPC was aimed at
    preventing cruelty committed upon a woman by her husband
    and her in-laws, by facilitating rapid State intervention.
    However, it is equally true, that in recent times, matrimonial
    litigation in the country has also increased significantly and

    Signature Not Verified
    Signed by: PANKAJ NAGLE
    Signing time: 13-03-2026
    17:48:39
    NEUTRAL CITATION NO. 2026:MPHC-JBP:20314

    7 MCRC-18077-2025
    there is a greater is affection and friction surrounding the
    institution of marriage, now, more than ever. This has
    resulted in an increased tendency to employ provisions such
    as Section 498-A IPC as instruments to settle personal scores
    against the husband and his relatives.”

    11. The landmark judgment of this Court in Arnesh Kumar v. State of Bihar
    Anr.
    (2014) 8 SCC 273 it was also observed:-

    “4. There is a phenomenal increase in matrimonial disputes
    in recent years. The institution of marriage is greatly revered
    in this country. Section 498-AIPC was introduced with
    avowed object to combat the menace of harassment to a
    woman at the hands of her husband and his relatives. The fact
    that Section 498-AIPC is a cognizable and non-bailable
    offence has lent it a dubious place of pride amongst the
    provisions that are used as weapons rather than shield by
    disgruntled wives. The simplest way to harass is to get the
    husband and his relatives arrested under this provision. In
    quite a number of cases, bedridden grandfathers and
    grandmothers of the husbands, their sisters living abroad for
    decades are arrested.”

    12. Further in Preeti Gupta v. State of Jharkhand & Anr. (2010) 7 SCC 667 it
    has also been observed:-

    “32. It is a matter of common experience that most of these
    complaints under Section 498-AIPC are filed in the heat of
    the moment over trivial issues without proper deliberations.
    We come across a large number of such complaints which are
    not even bona fide and are filed with oblique motive. At the
    same time, rapid increase in the number of genuine cases of
    dowry harassment is also a matter of serious concern.
    33 . The learned members of the Bar have enormous social
    responsibility and obligation to ensure that the social fibre of
    family life is not ruined or demolished. They must ensure
    that exaggerated versions of small incidents should not be
    reflected in the criminal complaints. Majority of the
    complaints are filed either on their advice or with their
    concurrence. The earned members of the Bar who belong to a
    noble profession must maintain its noble traditions and
    should treat every complaint under Section 498-A as a basic
    human problem and must make serious endeavour to help the
    parties in arriving at an amicable resolution of that human
    problem. They must discharge their duties to the best of their
    abilities to ensure that social fibre, peace and tranquillity of

    Signature Not Verified
    Signed by: PANKAJ NAGLE
    Signing time: 13-03-2026
    17:48:39
    NEUTRAL CITATION NO. 2026:MPHC-JBP:20314

    8 MCRC-18077-2025
    the society remains intact. The members of the Bar should
    also ensure that one complaint should not lead to multiple
    cases.

    34. Unfortunately, at the time of filing of the complaint the
    implications and consequences are not properly visualised by
    the complainant that such complaint can lead to
    insurmountable harassment, agony and pain to the
    complainant, accused and his close relations.

    35. The ultimate object of justice is to find out the truth and
    punish the guilty and protect the innocent. To find out the
    truth is a Herculean task in majority of these complaints. The
    tendency of implicating the husband and all his immediate
    relations is also not uncommon. At times, even after the
    conclusion of the criminal trial, it is difficult to ascertain the
    real truth. The courts have to be extremely careful and
    cautious in dealing with these complaints and must take
    pragmatic realities into consideration while dealing with
    matrimonial cases. The allegations of harassment of
    husband’s close relations who had been living in different
    cities and never visited or rarely visited the place where the
    complainant resided would have an entirely different
    complexion. The allegations of the complaint are required to
    be scrutinised with great care and circumspection.

    36. Experience reveals that long and protracted criminal trials
    lead to rancour, acrimony and bitterness in the relationship
    amongst the parties. It is also a matter of common knowledge
    that in cases filed by the complainant if the husband or the
    husband’s relations had to remain in jail even for a few days,
    it would ruin the chances of an amicable settlement
    altogether. The process of suffering is extremely long and
    painful.”

    13. In Geeta Mehrotra v. State of U.P. & Anr (2012) 10 SCC 741 it was
    observed:-

    “21. It would be relevant at this stage to take note of an apt
    observation of this Court recorded in G.V. Rao v. L.H.V.
    Prasad
    (2000) 3 SCC 693 : 2000 SCC (Cri) 733 wherein also
    in a matrimonial dispute, this Court had held that the High
    Court should have quashed the complaint arising out of a
    matrimonial dispute wherein all family members had been
    roped into the matrimonial litigation which was quashed and
    set aside. Their Lordships observed therein with which we
    entirely agree that :

    “there has been an outburst of matrimonial dispute in recent
    times. Marriage is a sacred ceremony, the main purpose of
    which is to enable the young couple to settle down in life and

    Signature Not Verified
    Signed by: PANKAJ NAGLE
    Signing time: 13-03-2026
    17:48:39
    NEUTRAL CITATION NO. 2026:MPHC-JBP:20314

    9 MCRC-18077-2025
    live peacefully. But little matrimonial skirmishes suddenly
    erupt which often assume serious proportions resulting in
    commission of heinous crimes in which elders of the family
    are also involved with the result hat those who could have
    counselled and brought about rapprochement are rendered
    helpless on 13 their being arrayed as accused in the criminal
    case. There are many other reasons which need not be
    mentioned here for not encouraging matrimonial litigation so
    that the parties may ponder over their defaults and terminate
    their disputes amicably by mutual agreement instead of
    fighting it out in a court of law where it takes years and years
    to conclude and in that process the parties lose their “young”

    days in chasing their cases in different courts.” The view
    taken by the Judges in this matter was that the courts would
    not encourage such disputes.”

    14. The above-mentioned decisions clearly demonstrate that this Court has at
    numerous instances expressed concern over the misuse of Section 498-A IPC and
    the increased tendency of implicating relatives of the husband in matrimonial
    disputes without analysing the long-term ramifications of a trial on the
    complainant as well as the accused. It is further manifest from the said judgments
    that false implication by way of general omnibus allegations made in the course of
    matrimonial dispute, if left unchecked would result in misuse of the process of
    law.

    15. Therefore, this Court by way of its judgments has warned the courts from
    proceeding against the relatives and in-laws of the husband when no prima-facie
    case is made out against them. It is undisputed fact that the marriage between
    petitioner No.1 and respondent No.2 was solemnized on 31.01.2019 as per Hindu
    Rites and Rituals. After their marriage, both parties settled their life being both the
    parties are working in government jobs and posted in different cities. When some
    unwarranted incidence happened, the petitioner No.1/husband filed a declaration
    for decree of divorce being Civil Suit No. 5-A of 2024 on 25.01.2024, then as a
    counter blast, the FIR has been registered on 10.04.2024.

    16. When the facts of the case in hand are tested on anvil of the aforesaid facts, it

    Signature Not Verified
    Signed by: PANKAJ NAGLE
    Signing time: 13-03-2026
    17:48:39
    NEUTRAL CITATION NO. 2026:MPHC-JBP:20314

    10 MCRC-18077-2025
    is apparent that as a counter-blast, the respondent No.2 lodged an FIR on
    10.04.2024 against the petitioners with allegation of harassment in regard to
    demand of dowry against them. It is to be seen that the petitioners No.1 & 2 are
    residing separately from the respondent No.2. No specific allegation has been
    made against the petitioners. It appears that after lapse of around one years of
    marriage, the complainant has lodged the impugned FIR on which, criminal
    proceeding have been maliciously instituted with an ulterior motive for wrecking
    vengeance on the family members and with a view to spite them due to private and
    personal grudge best known to the wife. It clearly appears that filing of criminal
    complaint is a pressure tactic, having been employed by the complainant against
    the family members of the petitioner No.1/husband. It appears that the impugned
    FIR is nothing, but is a premeditation with an ulterior motive of respondent No.2
    to pressurize her husband and his family members and to drag them in criminal
    proceedings for their prosecution. Under these circumstances, prima facie , no case
    is made out against commission of alleged offence against petitioners.

    17. In the result, the petition filed on behalf of present petitioners under Section
    482
    CrPC is allowed. The impugned FIR vide Crime No.158/2024 registered at
    Police Station Khurai for offences punishable under Sections 498-A of IPC and
    Section 3/4 of Dowry Prohibition Act as well as all consequential proceedings
    arising out of said crime, in RCT No 443/2024 pending before the JMFC, Khurai
    District Sagar (MP) are hereby quashed.

    18. The petition is allowed with no order to costs.

    (HIMANSHU JOSHI)
    JUDGE

    pn

    Signature Not Verified
    Signed by: PANKAJ NAGLE
    Signing time: 13-03-2026
    17:48:39
    NEUTRAL CITATION NO. 2026:MPHC-JBP:20314

    11 MCRC-18077-2025

    Signature Not Verified
    Signed by: PANKAJ NAGLE
    Signing time: 13-03-2026
    17:48:39



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here