UPENDRA SINGH MANIYARI Vs. JAGMOHAN SINGH

JUDGEMENT

(1.) Jagmohan Singh filed Criminal Writ Petition No.898 of 2009 under Article 226 of the Constitution of India, wherein he sought a writ in the nature of certiorari, for quashing a first information report dated 15.09.2009, lodged by Upendra Singh Maniyari, on the alleged commission of the offence of abetment to suicide, under Section 306 of the Indian Penal Code. The aforesaid first information report was registered as Crime Case No. 97 of 2009 at Police Station Basant Vihar in District Dehradun.

(2.) In Criminal Writ Petition No. 898 of 2009 it was alleged by the aforesaid Jagmohan Singh alias Raj, that his marriage was settled with Sweta alias Ritu, sister of the aforesaid Upendra Singh Maniyari. The engagement ceremony between Jagmohan Singh and Sweta alias Ritu was held on 14.01.2009, whereafter, the parties agreed, that the marriage ceremony would be held on 28.09.2009. On 13/14.09.2009 Sweta alias Ritu consumed poison. She died on 14.09.2009. On 15.09.2009 Upendra Singh Maniyari, the brother of the deceased, lodged the aforesaid first information report alleging that his sister Sweta alias Ritu had committed suicide due to demand of dowry, by Jagmohan Singh alias Raj.

(3.) A learned Single Judge, after examining the contents of the first information report as also the SMS (short message service) addressed by Jagmohan Singh alias Raj to Sweta alias Ritu, dated 13.09.2009, arrived at the conclusion that no offence under Section 306 of the IPC was made out. Accordingly, the learned Single Judge, while allowing the writ petition on 18.11.2009 quashed the first information report dated 15.09.2009 lodged by Upendra Singh Maniyari.