RAGHUNANDAN DHAKAD Vs. STATE OF M.P.

JUDGEMENT

(1.) Present petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner/revisionist for quashment of order dtd. 16/7/2021 passed by learned Second Additional Sessions Judge, Sabalgarh District Morena in S.T.No.201/2021 whereby the charge under Sec. 304-B read with Sec. 109 of IPC has been framed.

(2.) Precisely stated facts of the case are that on 29/4/2017 marriage of deceased -Priyanka and Santosh was solemnized according to Hindu Rites and Rituals. After marriage, in-laws of the deceased Priyanka started harassing her for fulfillment of their dowry demand of Rs.50,000.00 or motorcycle. Thereafter family mediation took place and Priyanka went to her in-laws house but on 17/18/12/2020 she committed suicide by hanging within seven months of her marriage. Marg was registered and on the basis of marg investigation, FIR was registered against mother-in-law, husband and paramour of mother-in-law of the deceased (present petitioner). Charge-sheet was filed by the prosecution for the offence under Ss. 304-B, 120-B, 34 of IPC and Ss. 3/4 Dowry Prohibition Act was filed. Thereafter, vide impugned order, trial Court framed the charge against the petitioner as referred above.

(3.) According to learned senior counsel for the petitioner, trial Court erred in framing the charge under Sec. 304-B read with Sec. 109 of IPC against the petitioner because petitioner does not fall within the category of blood relation and family members of the husband of deceased Priyanka. It is further submitted that since petitioner is neither relative nor in blood relation of husband of deceased, therefore, charge of Sec. 304-B of IPC cannot be framed against him. Petitioner had never abetted or instigated the deceased or relative of husband of the deceased for making dowry demand. Merely on the basis of allegation of paramour of mother-in-law of the deceased, petitioner cannot be grilled. To bolster his submission, reliance has been placed over the decision of Apex Court in the matter of State of Punjab Vs. Gurmit Singh, (2014) 9 SCC 632. Thus, prayed for setting aside of impugned order.