D. P. TIWARI Vs. AKHILESH

JUDGEMENT

(1.) This petition has been filed by the petitioners under section 482 of Crimial P.C. 1973 for quashing the order dated 05.02.2016 in Criminal Revision No. 31/2015 and for discharing the petitioners from the offence under Sec. 195, 120-B/34 of Penal Code by dismissing the complaint case of the respondents.

(2.) Brief facts of the case is that the wife of respondent No.2 died at the house of her husband/respondent No.2 under suspicious conditions within seven years of marriage. Therefore, offence under Sections 304-B, 302, 498-A, 201/34 of Penal Code and Sec. 3/4 of the Dowry Prohibition Act was registered and another case under section 307 of Penal Code was registered against respondent No. 2 for assaulting the relatives of the deceased.

(3.) Thereafter, respondent No. 2 had filed a private complaint against the petitioners alleging that petitioner No. 1 was posted as Sub Inspector at Police Station, Lakhnadon and petitioner No. 2 was posted as Head Constable at the relevant time i.e. 17.02.2012. Deceased/wife of respondent No. 2 was their relative. She committed suicide on 17.02.2012 by hanging herself. Both the petitioners came to the spot and found a suicide note written by the deceased in which she narrated that no one is responsible for her death, she has committed suicide because her son was ill. It claims that to implicate respondent No. 2 in the crime, the aforesaid suicide note was not seized by them to help the family of the deceased.