MAHENDRA SINGH NEGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the charge -sheet dated 20.01.2009 and summoning order dated 25.04.2009, as also the proceedings of criminal case no. 820 of 2009, State vs Mahendra Singh Negi and others, for the offences punishable under Sections 498A, 304B of IPC and Section 3/4 of the Dowry Prohibition Act, pending in the court of Chief Judicial Magistrate, Dehradun.

(2.) COMPLAINANT (respondent no. 2 herein) lodged an FIR on 16.03.2005, at police station, Patel Nagar, Dehradun, against the applicants, who were respectively husband, father -in -law and mother -in -law of the sister of respondent no. 2, for the offence punishable under Section 306 of IPC. It was stated in the FIR that the marriage of applicant no. 1 was solemnized with the victim on 18.02.1999. On 15.03.2005, at 06:30 P.M., respondent no. 2 came to know that his sister was admitted in CMI Hospital, Dehradun. It was informed to respondent no. 2 that his sister consumed poison. Victim was pregnant and was expecting delivery by 16.03.2005. The victim died in suspicious circumstances, for which, according to respondent no. 2, her husband, mother -in -law and father -in -law were responsible. The victim was treated with cruelty, when she delivered a female child earlier. It was also alleged that victim was harassed for non -fulfillment of demand of dowry.

(3.) AFTER the investigation of the case, a final report was submitted by the Investigating Officer on 01.08.2005. It was mentioned in the final report that the victim was mentally ill and, therefore, she committed suicide. A suicide note was also found, in which the victim wrote that nobody was responsible for her death. Victim also mentioned the factum of her disease in the suicide note. On 16.10.2006, the final report was accepted by learned Chief Judicial Magistrate, Dehradun. The matter was closed.