SWATI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of present application, moved under Sec. 482 of Cr.P.C., applicant seeks to quash the entire proceedings of criminal case no.441 of 2015, 'State Vs. Swati, U/s 306 IPC, pending before the Addl. Chief Judicial Magistrate Ist, Dehradun.

(2.) Facts in brief are that the respondent/ complainant lodged an FIR on 22/3/2014 against the applicant under Sec. 306 IPC, alleging therein that his son was engaged with the present applicant, however, the applicant had relations with some other person, consequently, the son of the complainant consumed poison.

(3.) Learned counsel for the applicant would submit that the applicant has been falsely implicated; that, the incident took place on 29/4/2013 whereas the FIR was lodged after almost one year i.e. 22/3/2014; that, after the investigation charge sheet was filed against the applicant only; that, the provision of Ss. 107 and 306 of IPC are not made out against the applicant, even plain reading of the FIR would reveal that there is no role assigned to the applicant that she has instigated the deceased to consume the poison; that, the whole FIR is based on presumption and assumption as there is no witness, who has provided any material to the complainant that the applicant was in relation with the co-accused Subhash or she has any role in instigating the son of the complainant to consume poison.