SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Anubhav Ajmani vs The State Of Madhya Pradesh on 29 August, 2018

THE HIGH COURT OF MADHYA PRADESH
1 W.P.No.14461/2018

HIGH COURT OF MADHYA PRADESH
BENCH AT GWALIOR

WRIT PETITION NO. 14461 OF 2018

Anubhav Ajmani and others
-Vs-
State of Madhya Pradesh and another

—————————————————————————————–
Shri V.K. Saxena, learned senior counsel with Shri Ankit Agrawal,
learned counsel for the petitioner.
Shri Kuldeep Singh, learned Government Advocate for respondent
No.1/State.
Shri V.K. Bhardwaj, learned senior counsel with Shri Rohit
Batham, learned counsel for respondent No.2.
—————————————————————————————–

Present : Hon. Mr. Justice Anand Pathak

ORDER

{Delivered on 29th day of August, 2018}

The present petition is preferred by the petitioners
under Article 226 of the Constitution of India being crestfallen by
the pending trial before the Judicial Magistrate First Class, Gwalior
vide No.5793/2018. Therefore, through this writ petition, petitioners
are seeking writ, direction or order for stay over the going trial
proceeding before the Court of JMFC, Gwalior, till decision of the
Writ Petition (Criminal) No.211/2016 as well as Writ Petition
(Criminal) No.15/2017 pending at High Court of Rajasthan, Jaipur
Bench.

2- Precisely stated facts of the case are that marriage
between petitioner No.1 -Anubhav and respondent
No.2/complainant -Garima Batra Ajmani was solemnized on 21-
10-2007 at Jaipur (Rajasthan) as per Hindu Rites and Ritual. It
THE HIGH COURT OF MADHYA PRADESH
2 W.P.No.14461/2018

appears that shortly after marriage, matrimonial relationship
between newly wedded couple got soured and domestic
incompatibility surfaced. As per submission, respondent No.2
without any just and reasonable cause withdrawn from the
company of respondent No.1 on 09-05-2015 and started living
with her parents. It appears that divorce proceedings by way of
case No.2295/2015 under Section 13 of the Hindu Marriage Act,
1956 were instituted before the Family Court at Jaipur on 27-10-
2015. As a counterblast to the divorce petition, respondent No.2
filed a complaint against the petitioner, his parents, brother, uncle
and aunt inter alia on 14-01-2016 at Police Station Mahila Thana
Padav District Gwalior under Section 498-A and 34 of IPC vide
crime No.11/2016 for dowry demand.

3- Petitioners No.1to3 moved a writ petition under
Article 226 of the Constitution of India for quashment of FIR
referred above before the Rajasthan High Court, Jaipur Bench and
after hearing the petition on the question of territorial jurisdiction,
the order dated 27-05-2016 was passed to the effect that the
Rajasthan High Court, Jaipur Bench is having jurisdiction to
adjudicate the controversy and to adjudicate tenability of FIR. Later
on, Rajasthan High Court vide order dated 02-06-2016 was
pleased to issue notice to respondent No.2 and was further
pleased to pass the order that no coercive steps shall be taken.
4- It appears that respondent No.2 challenged the order
dated 27-05-2016 and 02-06-2016 before the Hon’ble Apex Court
vide SLP No.6071-6072/2016 and Hon’ble Apex Court without
issuing notice dismissed the said SLP by a composite order dated
12-08-2016. Liberty was given to the petitioner (respondent
No.2/complainant) to agitate the point of jurisdiction before the
Rajasthan High Court by referring pendency of parallel
proceeding before High Court of Madhya Pradesh.
5- Petitioners No.4 to 6 filed two separate petitions under
THE HIGH COURT OF MADHYA PRADESH
3 W.P.No.14461/2018

Section 482 of Cr.P.C. before this Court for quashment of FIR but
later on same were withdrawn on 16-12-2016. It further appears
that respondent No.2 filed a transfer petition under Section 25 of
CPC before the Hon’ble Apex Court but the same was dismissed
on 17-07-2017. Gwalior police despite interim order of Rajasthan
High Court dated 02-06-2016 issued notice to the petitioners to
appear before the trial Court because charge-sheet under Section
173(2) of Cr.P.C. had to be filed on 31-10-2017, compelled the
petitioners to prefer contempt petition under Sections 11 and 12 of
Contempt of Courts Act before Rajasthan High Court for initiation
of contempt proceeding for alleged contravention of the order
dated 02-06-2016 and 07-04-2017 passed by the Rajasthan High
Court. Said contempt petition was dismissed vide composite order
dated 08-11-2017 observing that proceeding before the trial Court
would be subject to final outcome of the writ petition.
6- It further appears from submission and pleadings
that while acting upon the charge-sheet dated 24-11-2017, JMFC,
Gwalior i.e. trial Court took cognizance against the petitioners for
the offence under Section 498-A read with Section 34 of IPC. It
further appears that petitioners preferred Writ Petition No.80/2018
before Hon’ble Apex Court under Article 32 of the Constitution of
India and same was dismissed vide order dated 04-05-2018 and
liberty was given to the petitioners to avail appropriate remedy
before the appropriate forum in accordance with law. It was made
clear that petitioners may approach Rajasthan High Court for
early disposal of the case. Since charge-sheet has been filed
against the petitioners and trial is pending against them before
the Court of JMFC, Gwalior, therefore, this petition has been
preferred seeking stay over the trial proceeding till the petition
referred above pending before the Rajasthan High Court attain
culmination.

7- According to the learned senior counsel appearing for
THE HIGH COURT OF MADHYA PRADESH
4 W.P.No.14461/2018

the petitioners, petitioners took exception to the registration of FIR
at Gwalior and filed petition before the Rajasthan High Court
which is pending and proceedings pending before the trial Court
are subject to final outcome of writ petition pending before the
Rajasthan High Court. Therefore, in the fitness of things it is
imperative that the trial pending before the JMFC, Gwalior shall be
stayed and outcome of the writ petition be seen else petitioners
would suffer adversely. It is further submitted that parallel
proceedings are going on wherein trial Court at Madhya Pradesh
is proceeding with trial and framed the charges against the
petitioners whereas writ petition before the Rajasthan High Court
has not reached to the stage of final hearing and if proceedings
of trial Court are not stayed then it would lead to elimination of
legal remedy of petitioners. Police at Gwalior had no authority and
jurisdiction to file charge-sheet despite the order dated 02-06-2016
and Police at Gwalior has most brazenly trampled the ratio of
judgment of Apex Court delivered in the case of Navinchandra N.
Majithia vs. State of Maharashtra and others (2000) 7 SCC 640.
The action and inaction of the respondents is writ large, violation of
fundamental rights of petitioners are apparent and amounts to
arbitrary exercise of power.

8- Learned counsel for the respondents matched the
volume and vehemence of petitioners on same pitch. According to
learned senior counsel for respondent No.2, plethora of
proceedings initiated at the instance of parties indicate that matter
has been ceased off by Rajasthan High Court and the High Court
of Rajasthan at Jaipur has found the case as maintainable in
respect of territorial jurisdiction before the said Court and therefore,
taken cognizance of it. The said petition was in fact preferred at
their instance only. When territorial jurisdiction was put to challenge
by respondent No.2 before the Hon’ble Apex Court, same resulted
into dismissal because SLP preferred by respondent No.2 was
THE HIGH COURT OF MADHYA PRADESH
5 W.P.No.14461/2018

dismissed and liberty was given to agitate the point of jurisdiction
by referring to the pendency of parallel proceeding before this
Court. The said criminal proceedings vide M.Cr.C.No.1996/2016
and 1997/2016 were withdrawn by the counsel for the petitioners
and therefore, those petitions were dismissed as withdrawn on
the same date i.e. 16-02-2016. Therefore, no proceeding are
pending before High Court of Madhya Pradesh except the present
writ petition and another writ petition vide No.14466/2018 and both
are subsequent in nature. Learned senior counsel referred different
orders passed by the Hon’ble Apex Court as well as Rajasthan
High Court to indicate that when the matter is taken care of by the
High Court of Rajasthan then they will have to avail their remedy
before the High Court of Rajasthan, Bench at Jaipur. Police officers
have proceeded as per the provisions of Cr.P.C. and their actions
have been revalidated by the order of Rajasthan High Court in
contempt petition where prohibition of coercive action has been
interpreted by it. He prayed for dismissal of writ petition.
9- Heard learned counsel for the parties at length and
perused documents appended with petition.

10- From perusal of proceedings, it appears that the case
involves chequered history where souring of matrimonial
relationship resulted into registration of spree of litigations with
claims and counter claims. The case in hand, wherein a petition
under Article 226/227 of the Constitution of India has been filed
seeking stay over the proceedings of criminal case pending
before the trial Court, Gwalior but that FIR which was registered
against the petitioners at the instance of respondent No.2 vide
crime No.11/2016 under Section 498-A read with Section 34 of IPC
has been challenged by the petitioners by way of writ petition
No.211/2016 at High Court of Judicature for Rajasthan, Jaipur
Bench and the same is pending consideration. Learned Single
Judge at Jaipur vide order dated 27-05-2016 considered the
THE HIGH COURT OF MADHYA PRADESH
6 W.P.No.14461/2018

question of jurisdiction and while relying upon the judgment passed
by the Hon’ble Apex Court in the matter of Navinchandra N. Majithia
(supra) found petition maintainable and cause of action within
territorial jurisdiction of Rajasthan High Court at Jaipur and
proceeded with hearing of the matter and on dated 02-06-2016
passed the order wherein Police Authority at Gwalior were
directed not to take coercive action against the petitioners. It
appears that the order of cognizance and interim order dated 02-
06-2016 were put to challenge by respondent No.2 before the
Hon’ble Apex Court by way of SLP but the same were dismissed
and liberty was given to agitate the point of jurisdiction before
High Court of Rajasthan. It appears that the another transfer
petition which was preferred at the instance of respondent No.2
was dismissed by way of SLP No.1088-1089/2017 (Annexure P/6).
It further appears that writ petition under Article 32 of the
Constitution of India was preferred by the petitioners before the
Hon’ble Apex Court but the same resulted into dismissal with
direction to avail appropriate remedy before the appropriate forum
in accordance with law and with a specific direction to the
petitioners to approach the High Court of Rajasthan for early
disposal of the case. Quintessentially, the Hon’ble Apex Court
declined to interfere into the matter and repeatedly directed the
parties to get their matter adjudicated before the High Court of
Rajasthan by making appropriate prayer. Since the matter is
pending before High Court of Rajasthan by way of writ petition
(Criminal) No.211/2016 as well as Writ Petition No.15/2017, it is in
the fitness of things that matter should be heard and decided by
the High Court of Rajasthan itself and judicial propriety also
demands that this Court should not venture into by passing any
order final or interim to caste shadow over the fate of FIR (and
charge-sheet filed consequent to it) which is under Judicial
Scrutiny before High Court of Rajasthan and that Court has seized
THE HIGH COURT OF MADHYA PRADESH
7 W.P.No.14461/2018

off the matter.

11- Since the matter is pending before the High Court of
Rajasthan and specially when question of territorial jurisdiction
has been decided by the said High Court and Hon’ble Apex Court
confirmed the said order although with caveat of reiteration of
arguments again before the same High Court, therefore, no scope
for interference exists.

12- Considering the spree of litigations initiated at the
instance of parties as well as the fact that petitions are pending
before the High Court of Rajasthan challenging registration of FIR
and consequent proceedings this Court decline to interfere in any
manner. Needless to say that petitioners have to resort to their
other legal remedies as available to them in accordance with law.
13- Petition sans merits, admission declined and is hereby
dismissed.

(Anand Pathak)
Anil* Judge

Digitally signed by ANIL
KUMAR CHAURASIYA
Date: 2018.08.29
18:05:33 +05’30’

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation