MANOJ KUMAR Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing FIR No. 272/2008 registered at Police Station Gandhi Nagar, under Section 498a of I. P. C. It has been alleged in the petition that petitioner No. 1 was married to deceased Samiksha who committed suicide on 15. 10. 2007 being under mental depression. The quashing of FIR has been sought on the ground that the complainant, father of deceased samiksha, informed the Court at the time of grant of bail to petitioner No. 1 that his daughter had committed suicide being under mental depression.

(2.) THE FIR in this case was lodged by one Darshan Lal, father of the deceased Samiksha, who stated that though at the time of marriage of samiksha, he had been given a maruti car and jewellery articles to her husband Manoj, he his father Kashmiri Lal, his younger brother Gagan, his sister-in-law Mausmi and the father of the Mausmi use to harass his daughter so as get more dowry and were demanding a share in her property. He further alleged that they also used to abuse and manhandle her daughter. He further alleged that he had paid Rs. 8 lakhs to Manoj in january, 2008 but even thereafter he was being threatened that if the demand was not fulfilled they would kill Samiksha. He further alleged that on 15. 10. 2008, Samiksha came alone to his house. At that time she was quite worried and told him that her father-in-law Kashmiri Lal had said that there was no place for her in their house and that she should take one house from her father to live in, else they would kill her. He asked samiksha to wait for a few days so that he could arrange a house for her. At about 10 p. m. , he was informed about Samiksha having got burnt.

(3.) THE issue relating to quashing of FIR and criminal proceedings pursuant to a compromise was discussed by this Court at length while deciding Crl. Misc. Case No. 3447/2009 and Crl. M. C. No. 3712/2009 and w. P. (Crl.) No. 858/2009, decided by a common judgment of 5. 11. 2009. In crl. M. C. No. 3712/2009, one Mehrunissa, who was married to petitioner no. 1, Guddu died on account of broncho pneumonia. In the FIR lodged by her father, it was alleged that the husband, mother-in-law, sister-in-law of the deceased use to harass her for dowry and her husband had threatened to marry again in case Rs. 80,000/- were not paid. Since the offence under section 304-B of IPC was not made out, the matter was sent back for trial for the offence punishable under Section 498a of IPC. The quashing of petition was sought on the ground that the petitioner had compromised with the family members of the deceased. Rejecting the petition seeking quashing of FIR, this Court inter alia, observed as under:-