MP High Court orders to quash FIR registered against Congress MLA Umang Singhar
Sep 22, 2023
Indore (Madhya Pradesh) [India], September 22 : Madhya Pradesh High Court has ordered to quash the FIR registered against Congress MLA Umang Singhar by his wife in connection with rape and unnatural sex.
A single bench of justice Sanjay Dwivedi on Thursday ordered that the FIR registered against Singhar for the offence punishable under Sections 294, 323, 376(2)(n), 377, 498-A, 506 of the Indian Penal Code was quashed.
Umang Singhar’s lawyer Vibhor Khandelwal said, “Singhar’s wife had lodged an FIR in which she made allegations of rape, unnatural sex, cruelty and violence against Singhar. In this connection we filed an anticipatory bail and then filed a petition under section 482 of Cr.P.C. to quash the FIR.”
Now, in the latest order the High Court has quashed the FIR registered against Singhar, he added.
“The FIR was registered at Nauganwa police station in Dhar district under Section 294, 323, 376(2)(n), 377, 498-A, 506 of the IPC on November 20, 2022. The court of justice Sanjay Dwivedi delivered the judgement on Thursday. All the sections have been quashed,” he added.
According to Judgement, a copy of which is with ANI, “It is clear that the accused and his wife hold political posts in the same political party; knowing each other since long, they entered into marriage. Their relationship after some time of marriage became estranged and complaints were made by them against each other.”
The accused filed a suit for damages and FIR was lodged by his wife without disclosing any specific date, time and place of committing alleged offence by the accused but only specified that from 15.11.2021 to 16.11.2022 offence was committed whereas during their married time. They visited several places, enjoyed their honeymoon, therefore, the act of the accused is not punitive for the offence punishable under Sections 376(2)(n) and Section 377 of IPC, the judgement read.
“Quite apart, for constituting offence under Section 498-A IPC, there is no allegation of any demand of dowry. At most offences under the Domestic Violence Act could have been registered, but that too immediately after commission of such crime. For other offences i.e. Sections 294 and 506 of IPC, no date, place and time has been disclosed and as such the complaint in my opinion is a malicious prosecution filed by the victim as there was an inter se dispute between husband and wife,” it further read.
“With above deep contemplation, I allow the petition. Thus, FIR registered at Police Station Naogaon, Dhar district on the fulcrum of a complaint made by the victim against the accused for the offence punishable under Sections 294, 323, 376(2)(n), 377, 498-A, 506 of the Indian Penal Code is hereby quashed,” it added.
