SUDESH PAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ayank Mishra, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned A.G.A for the State and perused the record.

(2.) The applicant has filed the present Application U/s 482 Cr.P.C to quash the entire proceeding under Ss. 498-A, 504, 304-B, 306 I.P.C and Sec. 3/4 Dowry Prohibition Act, arising out of Crime No. 45 of 2021, Police Station Daurala, District Meerut, pending in the Court of C.J.M. Meerut on the ground that the daughter of the informant opposite party no. 2, who was the wife of the applicant committed suicide after institution of divorce petition by the applicant. According to the F.I.R, the marriage of the daughter of opposite party no. 2 was solemnized with the applicant on 19/11/2018. The family members were not satisfied with the dowry and they were pressurising the deceased (Mohini) for providing a car in dowry, which could not be fulfilled, hence she was ousted from her matrimonial house on 4/6/2020 and when she came to know about the divorce petition, she committed suicide. According to the applicant, the F.I.R has been lodged after a lapse of a week without any explanation for the delay in lodging the F.I.R, thereafter the I.O. started investigation and recorded the statement of the informant and prepared site plan. As per the postmortem report, the cause of death was shock and haemorrhage as a result of anti-mortem injury. In the F.I.R, the complainant has specifically averred that his daughter has committed suicide. The I.O. recorded the statement of the witnesses - Kushal Pal, Sattya Pal and Shyamveer. From the version of the prosecution story, only Sec. 306 I.P.C is attracted. But after the investigation, the I.O. submitted the charge-sheet under Ss. 498-A, 323, 504, 506, 304-B I.PC and 3/4 Dowry Prohibition Act.

(3.) The I.O has overlooked the guidelines issued by the Apex Court in several judgments, wherein the implication of the entire family had been forbidden. The I.O. has investigated the case in a very casual manner. Ss. 306 and 304-B I.P.C are two different Ss. , which cannot sail together.