KHEM CHAND Vs. KRIPAL SINGH

JUDGEMENT

(1.) THIS petition under Section 482 Crpc seeks the quashing of Complaint case No. 293 of 2001 tiled Kripal Singh v. Khemchand and Others and an order dated 1st March, 2005 passed by the learned Metropolitan Magistrate, Delhi ( MM ) summoning the Petitioner here to face trial under Section 302 IPC.

(2.) THE aforementioned complaint was filed by the complainant Kripal Singh stating that on 9th May, 2000 at about 9 pm his younger brother the deceased shri Krishan Kumar was seen along with his wife Smt. Sushila Devi while going to the house of the present Petitioner Khem Chand, the father of Smt. Sushila Devi. It is stated that around 12 midnight Krishan Kumar was brought dead by his wife smt. Sushila Devi in a three wheeler scooter (TSR ). According to the complainant and one Shri Mir Singh who was examined as CW-3 the Petitioner also accompanied the dead body of deceased Krishan Kumar in the aforesaid TSR. It is stated that the matter was reported to the police. However as per the report filed by the police before the learned SDM it was stated that the death of krishan Kumar was due to natural causes. Accordingly the case was closed without any further investigation.

(3.) IT appears that in the meanwhile Smt. Sushila Devi, i. e. the wife of deceased Krishan Kumar also expired on 28th February, 2001. In regard to her death, a criminal case was registered against Kripal Singh, i. e. the present complainant and he is stated to be facing trial under Sections 498a and 304 B IPC.