LAWS(MPH)-2018-5-227

MANISH SONI AND ANR. Vs. STATE OF MP

Decided On May 10, 2018
Manish Soni And Anr. Appellant
V/S
STATE OF MP Respondents

JUDGEMENT

(1.) Inherent powers of this Court under section 482 Cr.P.C., 1973 are invoked to assail the FIR bearing Crime No.233/16 registered at Police Station Kundam alleging the offence punishable under section 306 IPC alongwith the charge sheet and the consequential proceedings pending before the trial Court.

(2.) Learned counsel for the rival parties are heard on the question of admission.

(3.) Learned counsel for the petitioner by drawing the attention of this Court towards contents of the FIR submits that bare reading of the same does not reveal the essential ingredients of the offences alleged. It is submitted that the allegations merely reveal that both the petitioners who are husband and wife used to subject the deceased to mental cruelty by hurling abusive words and threatening to subject her to rape, which compelled the deceased to commit suicide by consuming poisonous substance. The allegation further reveals that the threats and abuses were extended due to animus arising from denial of the deceased to allow the petitioner No.2 to accompany the deceased to outings. The celebrated decision of the Apex Court in the case of State of Haryana v. Bhajan Lal [AIR 1992 SC 604] is relied upon for seeking quashment of FIR.