SEEMA BHADAURIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) WITH the consent of the learned counsel for the parties, matter is heard finally at motion stage.

(2.) THIS petition has been preferred under Section 482 of the Code of Criminal Procedure for quashment of the criminal proceedings pending against the petitioner as Crime No. 59/2014 was registered under Sections 304B, 498A/34 of IPC at Police Station Mahila Thana Padav, District Gwalior (M.P.) with all other proceedings in consequence thereto including charge -sheet and on that basis registered criminal case.

(3.) PREETI died on 05.01.2014 prior to the follow up date i.e. 08.01.2014. Marg was registered. Statements were recorded and thereafter FIR was registered. After investigation, charge -sheet was filed against the petitioner as well as two other co -accused persons, which is Annexure P -4. Hence, this petition has been preferred on the ground that just prior to five days of her death she had not made any allegation against the petitioner and thereafter the petitioner has been falsely implicated by the police on the basis of some omnibus allegations made against the petitioner during enquiry and then in the statements made by the witnesses under Section 161 Cr.P.C.