Aman Agarwal vs State Of Madhya Pradesh

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak , the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

I.A. No. 10096/2020, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.

Also heard on I.A.No. 10095/2020, an application for interim relief.

In the present petition under Section 482 of Cr.P.C., the petitioner has challenged sustainability of FIR bearing crime No. 345/2020 registered at police

station Kotwali, Dist. Ashoknagar for the offence punishable under Section 323, 294, 506 of IPC and section 24 of Maintenance and Welfare of

Parents and Senior Citizens Act, 2007 ( for brevity, “Act of 2007â€​)

Learned counsel for the petitioner submits that petitioner is son of respondent No. 2 and is residing in America. The instant criminal proceedings have

been initiated against the petitioner with an ulterior motive to harass and torture him and in connivance with petitioner's younger brother Amit Agrawal

in order to create pressure upon the petitioner so that the petitioner relinquishes his legal share in the ancestral property and does not object to any

arrangements being made in respect of ancestral property. It is further submitted that essential ingredients for attracting the penal provision

enumerated under Section 294 of IPC is using of obscene words at public place / or at a place having public view. In the present case, it has been

seen that obscene language has been used inside the house i.e. in the private place which is evident from bare reading of FIR. The offence under

section 24 of Act of 2007 is not attracted since 2003 the petitioner is resident in USA and is a permanent resident of USA, whereas, the respondent

No. 2 is living independently in her ancestral property situated at Ashoknagar. The present case has been registered only with an intention to create

pressure upon the petitioner so that he may not interfere in the ancestral property for a period he remains in India. In such circumstances, petitioner

prays for quashing of the entire criminal proceedings in relation to crime No. 345/2020 registered at police station Kotwali, Dist. Ashoknagar for the

offence punishable under Section 323, 294, 506 of IPC and section 24 of Act of 2007. or in alterative the respondents may be directed not to take any

coercive action against the petitioner during pendency of the instant petition.

On the other hand, learned State counsel as well as counsel for the respondent No. 2 submits that no case for grant of interim relief is made out

inasmuch as at present only FIR has been lodged, investigation of the case is in progress and the petitioner has already been enlarged on bail. In

support of his contention, learned counsel for the respondent No. 2 has placed reliance on the judgment of the Apex Court delivered in the case of

Central Bureau of Investigation vs. Arvind Khanna reported in (2019) 10 SCC 686, wherein, the Apex Court has held that assessment made by the

High Court at this stage, when the matter has been taken cognizance by the Competent Court, is completely incorrect and uncalled for. In such

circumstances, no interim relief can be granted to the petitioner.

In view of above and taking into consideration the facts and circumstances of the case, no case for grant of interim relief is made out. Accordingly,

I.A.No. 10095/2020 is hereby dismissed.

However, respondent No. 2 may file reply within two weeks. The respondent No. 1 is directed to produce the case diary positively on the next date of

hearing.

List this matter after two weeks, as prayed for.