CHANDRA SHEKHAR KAUSHIK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been brought against the order framing charge dated 20.09.2019 by the Court of Third Additional Sessions Judge, Janjgir- Champa, Chhattisgarh.

(2.) Learned counsel for the petitioner submitted that the petitioners are father-in-law and mother-in-law of the deceased- Chetana Kaushik. The marriage of the deceased with the son of the petitioners was performed on April, 2010. The relation of the petitioners with the deceased did not get along well for the reason that the deceased wanted to reside separately with her husband and children. The only allegation made by the mother of deceased in her statement under Section 161 of Cr.P.C. is this that these petitioners have never tried to resolve the dispute between the deceased and her husband and on the contrary, they used to taunt her and subsequent to that, the deceased started living separately with her children and then she committed suicide. This statement makes it clear that the deceased, when she committed suicide on 14.09.2018, was not living with these petitioners. Similar is the content of the F.I.R.

(3.) It is also submitted that the statement of other witnesses namely- A.S.I.- Chandrakant Tiwari, female Constable- Nandani Madhukar, Constable- Sheshnarayan Sahu, shows that the dispute had been only between the deceased and her husband. The copy of counseling proceeding that has taken place before the Family Counseling Center is produced along with the petition, according to which, there is nothing to conclude that the petitioners had in any manner instigated the deceased to commit suicide, therefore, the charge framed against them for commission of offence under Section 306/34 of I.P.C. is totally without any substance as there is no prima-facie case. Therefore, prayed that his application be allowed and the petitioners be discharged.