MANOJ SHARMA Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) The applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the chargesheet dated 01.10.2009, as well as the summoning order dated 21.12.2009 passed by the Chief Judicial Magistrate, Dehradun in Case No.828 titled as State vs. Manoj Sharma under Section 306 IPC. The applicant also seeks to quash the proceedings of the aforementioned case pending before the said court.

(2.) Complainant (respondent no.2 herein) lodged an FIR against the accused (applicant herein) on 27.08.2009 at Police Station Kotwali Nagar, Dehradun under Section 306 IPC. After the investigation, a charge-sheet was submitted against the accused for the selfsame offence. Vide order dated 21.12.2009, the Chief Judicial Magistrate, Dehradun summoned the applicant to face the trial for the offence punishable under Section 306 IPC. Aggrieved against the same, present application under Section 482 Cr.P.C. was moved by the accused-applicant.

(3.) The facts of FIR are important. It was alleged in the FIR that her husband sold his house situated at 31 Chandra Nagar, Dehradun. Husband of complainant repaid part of his debt. A sum of Rs.2 lakhs was given by her husband to Manoj Sharma (applicant herein) for purchasing a residential house. The complainant alongwith her family was living in a rented house at Rest Camp. The landlord asked her to vacate the house by 31.08.2009. The accused-applicant rang her husband on 26.08.2009 at 9:00 PM. Her husband got perplexed. His condition became critical in the night at around 1:30 AM. Ambulance 108 was called. When her husband was taken to hospital, he was declared brought dead by the medical officer. Her husband consumed some poisonous substance. Neither a residential house was managed for the husband of the complainant, nor the sum of Rs.2 lakhs was refunded to him by accused-applicant, as a consequence of which, her husband committed suicide. According to the allegations, accused-applicant Manoj Sharma was responsible for such suicide.