NISHA DEVI Vs. STATE OF J&K

JUDGEMENT

(1.) In the instant three petitions filed under Section 561-A Cr. P.C, the petitioners seek quashing of common impugned order dated 08th April, 2017, passed by the Additional Sessions Judge, Kathua, wherein the Additional Sessions Judge, Kathua has refused to frame charge under Section 302 RPC against the accused persons in case titled, "State Vs. Rohit Singh and ors." and has framed charges under section 304-B/498-A RPC in FIR NO. 27/2016 of P/S Hiranagar, Kathua. Two petitions have been filed by accused persons for quashing of charges and one petition has been filed by complainant for altering the charges from 304-B RPC to 302 RPC.

(2.) The grievance projected by the petitioner/Narinder Singh accused, the brother of accused Rohit Singh (husband of deceased), in the instant petition is that the marriage of the elder brother of the petitioner, namely, Rohit Singh was solemnized with one-Radha Sharma on 07th March, 2014 at Hiranagar according to Hindu rites and ceremonies. The marriage was love marriage. At the time of the marriage, the elder brother of the petitioner, namely, Rohit Singh was serving in Indian Army. The said Radha Sharma left the matrimonial house on 15th February, 2015 and started living in her parental home at Hiranagar. The brother of the petitioner made various efforts for restitution of conjugal rights, but said Radha Sharma refused to cohabit with Rohit Singh. The peaceful atmosphere of the house was damaged because of their matrimonial disputes. Consequent thereupon, the father of the petitioner got annoyed and in order to maintain the peaceful atmosphere of the house, he executed a Deed of Disinheritance (Annexure-C) dated 11th June, 2015 at Kathua, whereby he CRMC No.281/2017 c/w connected matters Page 3 of 23 disinherited his son, i.e., Rohit Singh and the said deceased from his all movable and immovable property. Since then the petitioner along with his parents have been residing separately from the deceased Radha Sharma and Rohit Singh at their village Londi, Tehsil Hiranagar, District Kathua.

(3.) It is stated in the instant petition that as per the prosecution case, on 18th March, 2016 at about 11:30 P.M, the grandfather of the deceased-Radha Sharma lodged a report with police that the victim has committed suicide by hanging herself in her in-law's house situated at Ward No. 13, Hiranagar, Kathua. It has also come in the statement of the prosecution witnesses that the dead body of Radha Sharma was recovered from the house of the accused persons, but the accused persons were residing in another house and not in the house, where the dead body was recovered. It is the admitted case of the prosecution that the deceased was living separately from the accused persons since long; therefore, there is no proximity between the demand of dowry and cause of death of the deceased. The evidence assembled against the petitioner did not disclose the commission of any offence. There is no material evidence available in the record to show that the petitioner/accused No.3 was being benefitted from the demand of dowry, if any, made by the accused No.1. The petitioner/accused No.3 was only 17 years old at the time of the said marriage and he was nothing to do with the demand of dowry. The deceased left the matrimonial house in February, 2015. Besides this, the father of the petitioner executed the aforesaid deed of disinheritance, by which he has disinherited the deceased and her husband.