BRIJMOHAN AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) Petitioners have filed this petition under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 for quashing the order dated 26.08.2011 passed by learned Additional Sessions Judge, Chachoda District Guna in S.T.No.123/11 whereby the charges for offence under Sections 498.A/34 and 306/34 of IPC has been framed against the petitioners.

(2.) Brief facts in narrow compass are that Rekha Bai W/o Girraj Soni (deceased) committed suicide on 08.08.2010. After Marg enquiry in Marg No.23/10, the FIR has been registered on 20.08.2010 for the offence under Sections 498.A and 306/34 of IPC and under Section 3/4 of Dowry Prohibition Act at Police Station Kumbhraj District Guna. After filing of challan and committal of case, learned trial Court has framed the charges for offence punishable under Sections 498. A/34 and 306/34 of IPC against the petitioners and husband of deceased Girraj Soni.

(3.) Petitioners have challenged the order of framing of charges against them by filing the present petition on the ground that they have been falsely implicated in the present case by the parental relatives of the deceased. There is no evidence of local witnesses that the deceased was harassed by the petitioners on the date of incident or soon before committal of suicide there was an act of petitioners which can be taken as abetment for committing suicide or harassment to the deceased for demand of dowry.