Nirmala Devi, W/o. Sh. Prem Kumar v. State of H. P. , Through District Magistrate, Bilaspur, H. P.
2022-06-03
CHANDER BHUSAN BAROWALIA
body2022
DigiLaw.ai
ORDER : The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”), has been maintained by the petitioners for quashing of F.I.R No. 178 of 2015, dated 19.07.2015, under Sections 306 and 201, read with Section 34 of the Indian Penal Code (hereinafter to be called as “IPC”), registered at Police Station Sadar, District Bilaspur, H.P. 2. Briefly stated the facts, giving rise to the present petition are that on 18.07.2015, around 9:30 a.m., a telephonic call was received at Police Station, Bilaspur and it was informed that one female, aged about 30 years has been brought dead by her family to Regional Hospital Bilaspur. Thereafter, the police team left to the hospital and during investigation, it was found that on previous night, around 5:00 a.m., deceased (daughter-in-law of the present petitioners), hanged herself with her dupatta in her residential quarter. As per the complainant, the deceased was killed by the petitioners and they are projecting it a suicide. It has been further alleged in the complaint that husband, mother-in-law and father-in-law of the deceased used to harass her for bringing less dowry. On the complaint of the complainant, FIR No. 178 of 2015, dated 19.07.2015, under Sections 306 and 201, read with Section 34 IPC came to be registered against the petitioners. 3. In reply to the petition, it has been averred that the police has investigated the case thoroughly and during investigation it has come on record that the deceased was tortured by the petitioners before commission of suicide and in such circumstances, the petitioners abetted the deceased to commit suicide. Lastly, dismissal of the petition is prayed. 4. I have heard the learned counsel for the petitioner and gone through the records in detail. 5. The learned counsel for the petitioner has argued that the petitioners are innocent and there is no involvement of the petitioner in the commission of alleged offence. He has further argued that since there is no material whatsoever against the petitioners to proceed with the FIR, the same deserves to be quashed. 6. On the other hand, learned Additional Advocate General has argued that the petitioners have forced the deceased to commit suicide and taking into consideration the seriousness of the offence, the present petition deserves dismissal. 7.
6. On the other hand, learned Additional Advocate General has argued that the petitioners have forced the deceased to commit suicide and taking into consideration the seriousness of the offence, the present petition deserves dismissal. 7. After carefully examining the records, prima facie this Court finds no sufficient ground to exercise its powers under Section 482 of the Code, for the reason that there is sufficient material to proceed against the petitioners and at this stage, this Court cannot conclude that the petitioners are not involved in the commission of alleged offence. The trial is not concluded yet and ultimately trial will bring the truth before the Court. 8. Accordingly, I find no merit in the instant petition and the same is dismissed. Pending application(s), if any, also stands disposed of.