SINDHU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in C.P.No.21 of 2018 on the file of the Judicial First Class Magistrate-I, Mavelikkara, which arises from Crime No.594 of 2015 of Mavelikkara Police Station. The offence alleged against the petitioner is under Section 306 of IPC.

(2.) Crux of the allegation in this case is as follows:- The petitioner made a false representation that she was impregnated by one Arun S.Kumar and by highlighting the said impregnation she had threatened the said Arun with dire consequences if he is not marrying her or compensating her monetarily. As a result of said threat, the said Arun committed suicide by hanging on 25.04.2015 at about 10.30 am inside his room at his house.

(3.) Initially the police has registered Crime No.594 of 2015 for unnatural death under Section 174 Cr.P.C. The First Information Statement did not contain any allegation of offence and there was no whisper as to the involvement of the petitioner herein. Later, after completion of the investigation, the police submitted Annexure-A final report, wherein the petitioner was arrayed as an accused and the offence under Section 306 IPC was charged with the above allegations. This Crl.M.C is filed under Section 482 Cr.P.C to quash all further proceedings pursuant to Annexure-A final report on the ground that the contents of Annexure-A charge sheet, even if is accepted for its face value, would not constitute an offence under Section 306 IPC.