DEVI DUTT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Cr. Misc. Petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 651/2016 registered at Police Station Vaishali Nagar, Jaipur Metropolitan (West) for the offence under Sections 195, 196, 465, 477-A, 471, 120-B IPC.

(2.) Brief facts of the case are that on 29.11.2008, petitioner's daughter Bhumika was married to son of respondent no.2. After marriage, the family of respondent no.2 especially his son and his wife Vijaya Devi made demand of dowry and tortured her. On 21.7.2015, the petitioner received a telephone from Madan Gopal, who informed that Bhumika had committed suicide. The petitioner lodged FIR No. 697/2015 with Police Station, Vaishali Nagar, Jaipur for the offence under Sections 498A, 304B I.P.C. During investigation, the police found dying declaration of deceased Bhumika written on 21.7.2015 at 11.39 AM. In post-motem conducted on 22.7.2015 by the Board of Doctors, 19 injuries were found on the body of deceased Bhumika, which were all anti-mortem in nature, out of which 11 injuries were about 5-7 days prior to death. Subsequently, Sunil, husband of deceased Bhumuka was arrested. Brother of respondent no.2 namely Madan Gopal threatened petitioner in trial court, whereupon the complainant made complaint to the local police, which initiated proceedings under Section 107, 151 of Cr.P.C. The wife of respondent no.2 filed S.B. Cr.Misc. Petition No. 4360/2015 before this Court, which was disposed of vide order dated 3.9.2015 with the observations that in the investigation, all the material should be examined and help of IT experts may be taken. The I-phone was sent for forensic examination and in forensic examination, it was found that the suicide note was created on 21.7.2015 at about 11.39 AM.

(3.) The wife of respondent no.2 namely Vijaya Devi was arrested. She filed bail application before this Court, but the same was withdrawn with liberty to file the same after filing of the charge sheet. The charge sheet was filed against the accused persons. Thereafter the Vijaya Devi again filed the bail application, but the same was dismissed vide order dated 20.5.2016. He has further contended that the genuineness of the investigation in FIR No. 697/2015 has been examined by the concerned Magistrate and he has taken cognizance against son and wife of respondent no.2. Thereafter the matter was taken to the Sessions Court, but of no avail.