NEHA KHURANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this petition, petitioner Neha Khurana, widow of Late Shri Nitin Kaushal, prays for quashing of FIR No.31 dated 10.02.2007 registered under Section 306 IPC at Police Station Sadar Ludhiana, District Ludhiana, final report and order framing charge dated 14.09.2018 followed by the charge sheet of the same date.

(2.) Some facts are required to be noticed. The criminal prosecution was set in motion on the application of Chander Shekhar, father of Late Shri Nitin Kaushal, (who allegedly committed suicide on 09.02.2017). First marriage of Nitin Kaushal was solemnized with Meenakshi in the year 2011. However, they could not pull on together, hence got divorced in the year 2014. In that year itself, Late Shri Nitin Kaushal performed love marriage with Neha (petitioner). Since, it was a love marriage, first informant was not in talking terms with Neha and her parents and the couple started residing in a rented accommodation. Late Shri Nitin Kaushal told his mother that Neha is harassing him and left for her parental home without informing him. For the last two months, Neha was living in her parents ' house. Late Shri Nitin Kaushal used to request her to come back but she did not return. On 09.02.2017 at 11.30 AM, Late Shri Nitin Kaushal went in Alto Car from home and at 11.40 p.m., mother of Nitin Kaushal received a message from his son that Neha has compelled him to end his life so he is going to commit suicide. Nitin Kaushal is alleged to have finished his life by setting him self ablaze in the car.

(3.) During investigation, a supplementary statement of the first informant was recorded, in which it was stated that they had gone to take back Neha in the last week of January 2017, who after getting annoyed had gone back to her parental home. At that time, Nitin Kaushal wept but Neha flatly refused to return, by stating that since, Nitin Kaushal keeps questioning her 20-20 times on going out from the house, hence she does not wish to reside with him. She further stated that she would not spend her life according to the whims and fancies of Nitin Kaushal. Whereas Nitin repeatedly said to Neha that if she does not come back, he would finish his life but she did not bother and rather stated that if you want to die tomorrow then better die today itself. She does not have any concern with Nitin.