ASHISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 Cr.PC, prayer has been made by the petitioner for quashing of FIR No. 215 of 2019, dtd. 18/7/2019, registered at PS Nalagarh, under Sec. 306 read with Sec. 34 of IPC, as well as consequent proceedings, pending in the court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P.

(2.) Precisely, the facts of the case, which led to filing of the FIR sought to be quashed in the instant proceedings, are that on 18/7/2019, complainant Gurmukh Singh lodged a complaint at Police Station Dabota, Nalagarh, alleging therein that his daughter namely Asha Rani, a student of Electrician Trade in ITI, Nalagarh, committed suicide on 11/7/2019, after having jumped in a canal near Bharatgarh, Punjab. He alleged that police recovered one suicide note from the bag of his daughter, wherein she has alleged that she has committed suicide after being harassed and tortured by the ITI administration. On the basis of the aforesaid complaint, police registered case against the present petitioner as well as few employees of ITI Nalagarh, District Solan, H.P. During investigation, police recorded the statement of person namely Dilpreet, who had seen the deceased Asha Rani jumping in the canal on 11/7/2019. On 24/7/2019, dead body of the deceased Asha Rani was recovered near Bulsunda canal ramp RDO 38, Tehsil Chamkaur Sahib, District Ropar, Punjab. Police got the post mortem of the dead body conducted in IGMC Shimla, wherein forensic expert opined that "in the absence of diatom test, negative chemical examiners report and body being in a state of advanced decomposition, the cause of death in all probability is asphyxia secondary ante mortem wet drowning."

(3.) Reply to the petition stands filed by the respondent-State, wherein it has been stated that during investigation it was found that complaint was made by all the students jointly, but the major controversy was between petitioner Ashish and deceased Asha Ran. It is also stated in the reply that abusive words were exchanged inter-se petitioner and Alka Sharma. Respondent-state has stated in the reply that since respondents No. 3 and 4 Ms. Ms. Lubna Ansari and Rakesh Kumar, trainers of ITI, remained negligent in performing their duties, being responsible employees of the institution, they have been rightly held responsible for instigating and abeting the deceased Asha Rani to commit suicide.