RENU DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Miscellaneous Criminal Case has been filed by the applicants/petitioners under Section 482 of the Cr.P.C. for quashing the FIR dated 06.11.2017 registered by the Police Sation-Vindhyanagar, District-Singrouli in FIR No.0321/2017 for an offence punishable under Section 306 read with Section 34 of the IPC.

(2.) Brief facts of the case are that marriage of deceased Devendra Prasad Dubey was solemnized in February 2016 with the petitioner/applicant No.1 Renu Dubey. Applicant/petitioner No.2 Balmukund Mishra is father-in-law, applicant/petitioner No.3 Smt. Radha Mishra is mother-in-law and applicant/petitioner No.4 Arvind Dubey is maternal father-inlaw of the deceased-Devendra Prasad Dubey. The deceased committed suicide on 11.03.2017 at 09:40 p.m. by consuming poisonous substance. Thereafter, deceased was hospitalized but he died. Marg No.18/2017 was registered on 12.03.2017 under Section 174 of the Cr.P.C. During investigation, one suicidal note was seized by the police, in which certain allegations were made by the deceased against the present applicants/petitioners. Statements of witnesses were recorded by the police and it was found that the petitioners/applicants tortured the deceased and due to that the deceased consumed poisonous substance and committed suicide. Thereafter, a criminal case was registered against the present applicants/petitioners for an offence punishable under Section 306 read with Section 34 of the IPC. The suicidal note was sent to the handwriting expert and the same was found to be written by the deceased.

(3.) Learned counsel for the applicants/petitioners submits that deceased Devendra Prasad Dubey was suffering from severe ailments prior to his marriage. When the deceased was bachelor, he executed a Will in favour of his elder brother, namely, Arvind Dubey wherein it is mentioned that he always felt sickness and he was very well acquainted about his own ailment which is dangerous to his life. Despite this the serious ailment of the deceased, his marriage with the petitioner/applicant No.1 Renu was performed. DeceasedDevendra Prasad Dubey after consuming poisonous substance on 11.03.2017, sent a SMS from his mobile to the applicant/petitioner No.1 at 11:30 p.m., threatening to commit suicide and falsely implicate the petitioner/applicant No.1 and her parents i.e. petitioner Nos. 2 to 4. He further submits that no offence has been registered against the petitioners/applicants from 12.03.2017 to 05.11.2017 and thereafter, police officials in hurriedly and in haste manner registered the aforesaid offence against them and implicated them in the present case. Petitioners/applicants are innocent persons and they have been falsely implicated in this case due to malafide intention of the deceased's family members. It is very important to point out that Arvind Dubey had already gotton executed a Will from the deceased on 20.10.2015 and after the death of the deceased, Arvind Dubey has mutated his name in the Revenue record. Therefore, it is clear that the Arvind Dubey had taken undue advantage after the death of his brother (deceased) Devendra Prasad Dubey. Petitioners/applicants have been falsely implicated in collusion of police authorities. The deceased was hospitalized after consuming poisonous substance, but no dying declaration was recorded by the police. The conduct of police is highly doubtful and suspicious. When the deceased committed suicide on 11.03.2017, at that time, the petitioners were far away from the spot, therefore, no question arises for abatement to commit suicide. The petitioners did not commit harassment of the deceased by any means. There is no explanation given by the police regarding delay of lodging the FIR. The entire story was prepared by the deceased's family members and the police officials, after 8 months and registered the FIR. There are no ingredients which are available on record to demonstrate that the petitioners/applicants have direct participation in the present case. Petitioner No.1 Renu was tortured for dowry by the family members of the deceased and his family members have pressurized the deceased to leave the petitioner/applicant No.1 because they wanted to perform second marriage of the deceased. Due to continuous harassment and torture by the deceased family members, the deceased committed suicide. On 08.03.2017 the applicant No.2 who is father of the applicant No.1 brought back the applicant No.1 in his house. The deceased was in deep depression due to fact that the applicant left the company of deceased. Therefore, there is no material against the applicants in the aforesaid crime. They were made as accused with a malafide intention to harass them, because there is circumstantial evidence available on record, which shows that the police officials did not find any ingredients of abatement with the deceased prior to the incident. Therefore, he prays for quashing of the FIR dated 06.11.2016. In support of his contention he relied on the decision in the cases of Vivek Kumar Jain and another Vs. State of M.P. and another, 2015 1 MPHT 75, Ashok Kumar & Ors Vs. State of M.P., 2013 ILR(MP) 1971, Shyambai & Ors. Vs. State of M.P., 2015 ILR(MP) 2244, Radheshyam Vs. State of M.P.,2014 3 MPHT 103, Premlal Alias Dadu & Anr. Vs. State of M.P., 2014 ILR(MP) 1902, Pappu Khare Vs. State of M.P., 2015 2 MPHT 271 and State of Kerala and others Vs. S. Unnikrishnan Nair and others, 2015 9 SCC 639.