REENA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present Revision Petition U/s 397/401 read with Section 482 Cr.P.C. has been filed by the petitioner against the impugned order on charge dated 23.03.2015 passed by Ld. ASJ, Delhi, thereby framing charges against the petitioner under Section 306 IPC in criminal case titled as "State Vs. Reena", FIR No. 185/2010 registered at P.S. Prasad Nagar.

(2.) In brief the facts of the case are that the marriage between deceased Rahul Kumar Prasad and petitioner/accused Reena Prasad was solemnized on 17.04.2009 and thereafter they started residing together at Delhi. After sometime matrimonial disputes arose between them and the petitioner left the company of deceased on 28.06.2010 and went to live with her parents at Sikkim. It is alleged that alongwith her she took gold jewellery worth Rs. 15 Lakh and a cash of Rs. 3 Lakh which belonged to deceased Rahul Kumar Prasad. In regard to this, it is alleged that deceased Rahul Kumar Prasad had filed a complaint with the police on 29.06.2010. Deceased Rahul Kumar Prasad also filed two cases including a petition U/s 9 of the H.M.A. for Restitution of Conjugal Right. Despite that petitioner Reena refused to join the company of Rahul Kumar Prasad and also refused to return the jewellery and cash and it is alleged that because of this the deceased was suffering from depression and mental stress. It is alleged that deceased was regularly and continuously receiving telephonic threats to his life from the petitioner. Thereafter on 27.09.2010, deceased Rahul Kumar Prasad committed suicide by hanging himself. Deceased Rahul Kumar Prasad left a suicide note holding the petitioner and his family members responsible for his death.

(3.) Since the police refused to lodged the complaint, Pankaj Prasad, brother of the deceased filed a complaint U/s 200 Cr.P.C read with Section 156 (3) Cr.P.C. for the directions to lodge FIR against the accused persons. Pursuant to the application filed by complainant Pankaj Prasad, Ld. MM directed lodging of FIR against the petitioner and her relatives. However, for want of specific allegations against the relatives of the petitioner, they were kept in column No. 12 and charge sheet was filed against the petitioner only U/s 306 IPC.