KAUSHAL KISHORE Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Petitioner impugns order on charge dated 27.10.2017 whereby charge has been framed against the petitioner under Section 498A Indian Penal Code (IPC for short).

(2.) Mr. Salve, learned Senior Counsel appearing for the petitioner contends that Charge Sheet was filed both under Section 306 and Section 498A IPC, however, the Trial Court found insufficient material to proceed under Section 306 IPC. He submits that cruelty under Section 498A IPC is to be of such a nature which is likely to drive a woman to commit suicide or to cause grave injury etc. and as the Trial Court found insufficient material to proceed under section 306 IPC, on the same analogy, there was insufficient material to even frame a charge under Section 498A of IPC.

(3.) Deceased married the petitioner on 27.09.2009. On 28.09.2010, the deceased committed suicide. FIR was registered on the complaint of the mother of the deceased, which complaint was lodged on 29.09.2010.