PUSHPA BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C. has been preferred for quashment of FIR as well as subsequent criminal proceeding filed against the applicants and co-accused person in Crime No.370/2020 registered at Police Station Sardarpur, District Dhar for alleged offence punishable under Ss. 304-B/34 of IPC.

(2.) Brief facts giving rise to this petition are that deceased Priyanka Sharma was married with applicant No.2 Shubham on 24/2/2019.

(3.) Learned counsel for the applicants submits that deceased was never harassed by the applicants as well as co-accused Jitendra Sharma. Her dying declaration was recorded in the hospital by the duty doctor as well as police official wherein she specifically stated that she consumed poisonous substance on her own free will. Vague and omnibus allegations have been alleged by the parents of the deceased. Offence has been registered without any inquiry. Learned counsel has relied upon the judgment passed by the Hon'ble Apex Court in the case of Uka Ram vs. State of Rajasthan reported in 2001 5 SCC 254 to bolster his submission. Therefore, FIR lodged against them and subsequent criminal proceeding may be quashed.