ASHISH RAJ Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under section 482 of Cr.P.C., 1973 has been filed to invoke the extraordinary jurisdiction of this Court and to quash the FIR No.206/2017 registered at Police Station Sanjeevani Nagar, District Jabalpur for offences under Section 306 read with Section 201 of I.P.C. against the petitioner.

(2.) Bereft of the unnecessary details, the facts requisite for the disposal of this petition are that marriage of Dr. (Smt.) Shubhra with Dr. Ashok Vidyarthi was performed on 22.05.2003 at Raipur. They have two daughters due to their wedlock namely Mishthi @ Hanshika aged about 10 years and Pihu @ Alisha aged about 04 years. The relationship of Dr. (Smt.) Shubhra and Dr. Ashok Vidyarthi become estranged. Dr. Smt. Shubhra came into contact with Dr. Ashish Raj, who is married to Dr. Yogita Raj. Because of the estranged relationship between the husband and Dr. (Smt.) Shubhra. Dr. Ashish Raj helped Dr. (Smt.) Shubhra. Between Dr. (Smt.) Shubhra and Dr. Ashok Vidyarthi a decree of divorce has been granted on 30.06.2014. Dr. (Smt.) Shubhra committed suicide by hanging herself in her house on 11.06.2017 at about 7.00 pm at Ojas Home, Dhawantri Nagar. Daughter of Dr. (Smt.) Shubhra, Mishthi @ Hanshika saw her mother hanging in her home and informed the maid who served with them for last three years. The maid went to her home and saw Dr. (Smt.) Shubhra hanging. They informed her family members and family members reported to police. Post mortem report reveals that Dr. (Smt.) Shubhra died due to asphyxia. A suicide note was recovered in which Dr. Smt. Shubhra has mentioned that she loved her husband Dr. Ashok Vidyarthi and after him Dr. Ashish. It indicates that she had relationship with Dr. Ashish Raj. She also writes that 'she is not characterless, as has been alleged, neither she is mad. But she is broken due to the circumstances'.

(3.) The statements of the witnesses and the minor children indicate that there has been quarrel between Dr. Ashish Raj and deceased Dr. (Smt.) Shubhra, therefore, the deceased was harassed and tortured mentally and physically, hence, the deceased committed suicide.