KANCHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants have filed the present Miscellaneous Criminal Case under Section 482 of Cr.P.C. for quashment of First Information Report registered by the Police Chotigwaltoli District-Indore in Crime No.2/2019 for offence under Section 306/34 of the Indian Penal Code.

(2.) As per prosecution story, on 18.10.2018, Dinesh S/o Sannulal Yadav committed suicide by hanging in Swati Hotel situated at Chotigwaltoli, Indore and upon receiving information, Merg under Section 174 of Cr.P.C. was registered and upon investigation, the Police recovered the suicide note from the deceased. Thereafter, FIR was registered for offence under Sections 306, 34 of the IPC against the applicant No.1 and against all the in-laws including the brother-in-law.

(3.) The applicant No.1 is the wife of the deceased and the applicant No. 2 is the mother-in-law of the deceased. Marriage between the applicant No.1 and the deceased was solemnized on 25.9.2014 in Arya Samaj, Gwalior and out of their wedlock, the applicant No.1 blessed with one girl child, who is 3 years old and due to demand of dowry by the deceased and his parents, the applicant No.1 was thrown out of the matrimonial house on 28.4.2017. Because of the aforesaid reason, the applicant No.1 was compelled to approach before the Police and the applicant No.1 has filed an application before the Mahila Thana, Gwalior and upon investigation and after counselling, FIR was registered against the husband of the applicant No.1 for offence under Sections 498-A, 294, 506, 34 of the IPC and Dowry Prohibition Act, 1961. The applicant No.1 has also filed an application under Section 125 of the Cr.P.C.for claiming maintenance for herself as well as her minor daughter. The deceased and the family members of the deceased have tortured the applicant No.1 physically and mentally and due to such compelling reason, the applicant No.1 for her safety filed a complaint before the Police. The applicant no.1 has filed a case against the deceased and, he therefore, has committed suicide in a hotel. On investigation the Police recovered suicide notes. In the suicide notes he stated that the applicants are responsible for his death and therefore, the Police registered a case under Sections 306, 34 of the IPC.