AARTI ARYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPLICANT has filed this petition under Section 482 of the Code of criminal Procedure for quashing proceedings arising out of Crime No. 206/07 of police Itarsi, now pending before the Judicial Magistrate First Class, Itarsi, as criminal Case No. 496/06, for the offence under Section 306 of IPC.

(2.) THE facts as alleged by the prosecution are that petitioner who belonged to an upper caste family (Dubey) married to Mukesh Arya (deceased)who belonged to Scheduled Caste community in the year 2003. Their marriage was opposed by their family members. Deceased was working on the post of Civil judge. At the relevant time, he was posted as Civil Judge at Itarsi. Petitioner's in-laws did not approve the marriage. A child was born out of the wedlock in the year 2004. Petitioner was well educated and wanted to appear in the examination for the post of Civil Judge to be held in the year 2007. For the purpose of taking coaching, she was temporarily residing at Bhopal with her parents. On 15-3-2007, in the night, Mukesh Arya (deceased) consumed some poisonous substance. He was taken to hospital at Itarsi, where he was treated by dr. Sunil Mantri and Dr. Tikariya, but they suggested that he should be taken to bhopal, then Mr. Dinkar and other fellow Judges took Mukesh Arya to Bhopal and got him admitted in Ayushman Hospital. In the same night, petitioner was informed about the serious condition of her husband. Despite all efforts and the treatment, on 18-3-2007, Mukesh Arya expired. Dr. Pramod Shrivastava of ayushman Hospital sent report to Police Habibganj, Bhopal. On such report, a merg was registered. During merg enquiry, the statements of Kailashibai, mother, Laxmi Narayan father of the deceased and other witnesses were recorded. On enquiry, it was found that petitioner used to harass the deceased and subjected him to mental cruelty, as she belonged to higher caste and she did not like association of deceased with his parents and relatives. Thus, she abetted deceased to commit suicide. Therefore, a case under Section 306 of IPC was registered against her on 13-4-2007.

(3.) AFTER investigation, charge-sheet was filed before the Court of magistrate.