VIDISA NUPUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P. C. Tripathi, learned senior counsel appearing for the petitioner and Mr. Mahesh Tewari, learned counsel appearing for the opposite party no. 2.

(2.) In this application the petitioner has prayed for quashing the entire criminal proceedings in connection with Bariatu P. S. Case No. 368 of 2010 including the order dated 06.05.2013 passed by the learned Judicial Magistrate, 1st Class, Ranchi by which cognizance has been taken for the offence punishable under Sections 498A/34 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act.

(3.) It has been submitted by the learned senior counsel for the petitioner that the allegations which have been made in the First Information Report are general and omnibus in nature. Learned senior counsel submits that the petitioner is the married-sister-in-law of the deceased and only fleeting reference has been made with respect to the demand of dowry made by her which cannot be by any stretch of imagination be believable. Learned senior counsel further submits that initially the case was instituted under Section 304B of the Indian Penal Code but subsequently in course of investigation it came to light that the deceased had died due to Cardio respiratory failure as a result of which charge-sheet was ultimately submitted under Section 498A of the Indian Penal Code. Learned senior counsel further submits that in course of the investigation no evidence has come to depict the complicity of the petitioner in torturing the deceased and demanding dowry. In support of his contention that the informant has made an exaggerated version of the incident and has tried to rope in all the family members of the husband of the deceased has relied on the judgment passed by the Hon'ble Supreme Court in the case of Preeti Gupta And Another vs. State of Jharkhand And Another, 2010 3 SCC(Cri) 473.