Shivnarayan vs Memkuwar

NEUTRAL CITATION NO. 2026:MPHC-IND:7032
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
th
ON THE 16 OF MARCH, 2026
MISC. CRIMINAL CASE No. 1149 of 2026
SHIVNARAYAN
Versus
MEMKUWAR
Appearance:
Ms Deepti Nema - Advocate for the petitioner.
Ms Surbhi Behel - Advocate for the respondent.
ORDER
This petition under Section 528 of BNSS, 2023 has been filed by the
petitioner seeking quashing of the order dated 29.04.2017 passed in MJCR
No. 64/2016 alongwith orders dated 29.11.2018 and 02.12.2025 passed by
learned Judicial Magistrate First Class, Agar in MJCR No. 170/2017
alongwith proceedings under the provision of the Protection of Women from
Domestic Violence Act, 2005[referred to as the ‘Act, 2005’ hereinafter].
2. The exposition of facts, giving rise to the present petition, is as under:
a. Petitioner Shivnarayanwas married to Memkunwar. There was
matrimonial discord between the petitioner and his wife Memkunwar.
Memkunwar filed an application u/S 12 of the Act, 2005. Learned
JMFC, Agar vide order dated 29.04.2017 passed in MJCR 64/2016
partly allowed the application and directed that the respondent
(petitioner herein) Shivnarayan shall pay Rs. 2,000/- p.m. for
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 17-03-2026
20:03:21

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maintenance to his wife Memkunwar.

b. Shivnarayan failed to pay the amount of maintenance so fixed by the
JMFC. Hefiled an appeal assailing the order of JMFC, which was
rejected. The appellate order was assailed by the petitioner before the
High Court. The revision petition was rejected vide order dated
21.12.2023.
c.
Memkunwar filed an application u/Sec. 31 of the Act, 2005. The
JMFC vide order dated 29.11.2018 passed in MJCR No. 170/2017
allowed the application and convicted Shivnarayan u/Sec. 31 of the
Act and sentenced him to undergo R.I. for 06 months with fine of Rs.
5,000/- with default stipulation of R.I. for one month, if the fine is not
paid. Learned JMFC issued warrant of arrest for execution of the
sentence. Accordingly, the petitioner was arrested. He is undergoing
sentence of imprisonment.
3 . Learned counsel for the petitioner in addition to the grounds
mentioned in the application submits that it is a case of matrimonial dispute.
The parties have amicably settled the dispute without any pressure or
coercion and decided to live together peacefully. The continuation of
incarceration of applicant may nullify the amicable settlement between the
parties. Therefore, the proceedings of MJCR No. 64/2016 and MJCR No.
170/2017 be quashed and nullified in view of amicable settle between the
parties.
4. Learned counsel for the respondent supported the contentions
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 17-03-2026
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advanced by the petitioner and verified the factum of amicable settlement

between the parties. The matter was referred for verification to the Principal
Registrar of the Bench vide order dated 05.02.2026.Learned Principal
Registrar reported that the accused/petitioner Shivnarayan and respondent
Memkunwar Bai w/o Shivnarayan had arrived at compromise voluntarily
without any threat, inducementor coercion. They have amicably resolved
their dispute.
5. Heard, learned counsel for both the parties and perused the record.
6. The material on record reveals that learned JMFC, Agar after evidence
on petition under section 12 of the act 2005, had concluded that Memkunwar
Bai w/o Shivnaryan was subjected to domestic violence and was compelled
to live with her parents therefore, partly allowedher petition and directed
Shivnarayan to pay monthly maintenance of Rs. 2,000/- to his wife
Memkunwar. The order was affirmed by the appellate Court and later by the
High Court. The petitioner Shivnaryan did not pay the amount of
maintenance. Therefore, Memkunwar Bai was constrained to file an
application u/S 31 of the Act, 2005. Learned JMFC, on consideration of
evidence on record, found deliberate non-compliance with the protection
order dated 29.04.2017 on the part of Shivnarayan. Shivnarayan evaded
arrest till 27.11.2025 despite passing of judgment of conviction and order of
sentence on 29.11.2018. When Shivnarayan was incarcerated and undergoing
sentence, the present petition is filed for quashing and nullifying entire
proceedings u/Ss. 12 and 31 of the Act 2005on the basis of amicable
settlement between the parties. The validity and legality of the protection
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 17-03-2026
20:03:21

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order has been affirmed by the appellate Court and the revisional Court. The

impugned orders were passed in compliance with due procedure of law on
the basis of evidence on record. Therefore, no case is made out for quashing
of those orders merely because the parties, at belated stage, have chosen to
settle their matrimonial discord.
7 . However, since the wife Memkunwar had desired to accord a quietus
to matrimonial dispute and desires to live with Shivnaryan, the sentence of
06 months may be reduced for the ends of justice, in view of voluntary
amicable settlement. Therefore, in exercise of inherent jurisdiction, in order
to ensure complete justice between the parties and in view of amicable
settlement between them, the order dated 29.11.2018 is amended to the
extent, as mentioned below:
“Shivnarayan Singh shall undergo the rigorous imprisonment for the
period already undergone by him till passing of this order. However,
rest of the order including the payment of fine amount shall remain
intact. “
8. A copy of this order be forwarded to the trial Court i.e. learned JMFC,
Agar for necessary compliance. The petitioner shall be released on payment
of fine amount of Rs.5,000/- in compliance with the order dated 29.11.2018
passed in MJCR No. 170/2017.
9. With these directions, petition stands disposed of.
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 17-03-2026
20:03:21

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(SANJEEV S KALGAONKAR)

JUDGE
sh

Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 17-03-2026
20:03:21