High Court of Madhya Pradesh refused to direct the State not to register criminal case against the petition. The Court added that it cannot pass an order restraining the police from registering a criminal case, in case a person approaches the Police Station.
A single judge Bench of Justice SC Sharma heard the writ Petition filed by Vikas Bhatt a practicing Advocate, stating that the Station House Officer is threatening the petitioner,who was having a dispute with his wife, that a criminal case will be registered against him.
The Court was informed by the counsel for the State that the petitioner’s wife had filed a complaint to the SHO and since it is a matrimonial dispute, efforts were made to ensure reconciliation but the efforts failed. Regarding the custody of the child, he added that the SHO at no point forced the petitioner to handover the child to his wife.
The Bench observed that the Court cannot direct the State not to register a criminal case against the petitioner. If an FIR is lodged and a case is made out, the Police is certainly free to proceed ahead in accordance with law.
The Court further observed that the statute provides for a forum and the parties are free to take appropriate action in accordance with law in respect of the custody of the minor child.