BRIJMOHAN Vs. STATE OF M P

JUDGEMENT

(1.) Petitioners have filed this petition under section 3 97 read with section 401 of Code of Criminal Procedure, 1973 for quashing the order dated 26.8.2011 passed by learned Additional Sessions Judge, Chachoda, District Guna in S.T.No. 123/11 whereby the charges for offence under section 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 8.8.2010. After Marg enquiry in Marg No. 23/10, the FIR has been registered on 20.8.2010 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.) Learned counsel for the petitioners submitted that if there had been any dispute or any cruel behaviour with the deceased on the date of incident her son must have narrated the same at the time recording of his statement.