Madhya Pradesh High Court
Ritesh vs The State Of Madhya Pradesh on 21 July, 2023
Author: Arun Kumar Sharma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
ON THE 21 st OF JULY, 2023
MISC. CRIMINAL CASE No. 62656 of 2021
BETWEEN:-
1. RITESH S/O RAGHUVEER SINGH CHOUHAN, AGED
ABOUT 32 YEARS, OCCUPATION: LABOUR R/O
VILLAGE CHHIPANYA PIPARIYA POLICE STATION
BORDEHI DISTRICT BETUL (MADHYA PRADESH)
2. RAGHUVEER SINGH S/O LOTAN CHOUHAN, AGED
ABOUT 63 YEARS, OCCUPATION: AGRICULTURIST
R/O VILLAGE CHHIPANYA PIPARIYA POLICE
STATION BORDEHI DISTRICT BETUL (MADHYA
PRADESH)
3. SMT. VIDYA W/O RAGHUVEER SINGH CHOUHAN,
AGED ABOUT 58 YEARS, OCCUPATION:
HOUSEWIFE R/O VILLAGE CHHIPANYA PIPARIYA
POLICE STATION BORDEHI DISTRICT BETUL
(MADHYA PRADESH)
.....APPLICANTS
(BY SHRI SHISHIR VERMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION BORDEHI DISTRICT BETUL
(MADHYA PRADESH)
2. RANDHIR SINGH BAGHEL S/O BENI SINGH
BAGHEL, AGED ABOUT 30 YEARS, R/O VILLAGE
SALHE POLICE STATION BARGHAT DISTRICT
SEONI (MADHYA PRADESH)
.....RESPONDENTS
( SHRI AMIT GARG - PANEL LAWYER FOR THE RESPONDENT
NO.1/STATE)
This application coming on for admission this day, the court passed the
following:
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 7/22/2023
10:33:07 AM
2
ORDER
The applicants have preferred present petition under Section 482 of
Cr.P.C. for quashment of charge-sheet in connection with FIR registered vide
Crime No. 101/2021 at Police Station Bordehi, District Betul for commission of
offence punishable under Sections 306 and 498-A of IPC and Section 3/4 of
Dowry Prohibition Act, 1961.
2. Briefly stated facts of the case in short are that deceased Priyanka was
married with applicant no.1 on 20/01/2014 and out of marital wedlock, they
were blessed with two children. The applicant No.1 is husband while applicant
Nos. 2 and 3 are in-laws of deceased. On 24/03/2021, First Information Report
has been lodged alleging that the applicants used to torture, maltreated and
beaten the deceased with regard to demand of dowry, due to which feeling
harassed she has committed suicide by consuming some poisonous liquid. On
the basis of said report, aforesaid offences have been registered against the
applicants.
3. Learned counsel for the applicants submits that even if the allegations
made in the FIR are accepted in their entirety, do not prima facie constitute any
offence against the present applicants. It is also submitted that the criminal
proceedings are manifestly tainted with malafides and proceedings are
maliciously vengeance on the accused and with a view to spite them due to
private and personal grudge. As per the dying declaration of the deceased, the
deceased was suffering from fever, therefore, she wanted to go to Amla for her
treatment but the applicants were not agreed and hence, she annoyed and
consumed poisonous substance and nobody had tortured or harassed her on
account of demand of dowry or had given cruel treatment. It is further
submitted that there is no evidence available on record to show that at any point
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 7/22/2023
10:33:07 AM
of time, deceased by instigated or provoked by applicants for committing
suicide, therefore, necessary ingredients for constituting an offence punishable
under Section 306/34 of the IPC against the applicants are missing. In order to
substantiate his contentions, learned counsle for the applicants has placed
reliance on the judgment of Hon'ble Supreme Court in the case of State of
Haryana Vs. Bhajanlal, 1992(1) SCC 335. Under these circumstances,
learned counsel for the applicants prays for quashment of charge-sheet in
connection with FIR registered vide Crime No. 101/2021 at Police Station
Bordehi, District Betul for commission of offence punishable under Sections
306 and 498-A of IPC and Section 3/4 of Dowry Prohibition Act, 1961 against
present applicants.
4. On the other hand, learned Panel Lawyer opposed the contentions raised
by learned counsel for the applicants by contending that the parents of the
deceased in their statement recorded under Section 161 of Cr.P.C. have made
specific allegations against the applicants with regard to demand of dowry and
the deceased has died within a period of seven years of her marriage, therefore,
there is ample evidence available on record to connect the applicants with the
alleged offence. Under these circumstances, he prays for dismissal of the
present petition.
5. I have heard learned counsel for the parties and perused the documents
available on record.
6. Looking to the aforesaid facts and circumstances of the case, in the
considered opinion of this Court, the parents of the deceased in their
statement recorded under Section 161 of Cr.P.C. have made specific allegations
against the applicants with regard to demand of dowry, hence, is ample
evidence available on record to connect the applicants with the alleged offence
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 7/22/2023
10:33:07 AM
and all the grounds raised by learned counsel for the applicants are mixed
question of law and facts, which cannot be decided without appreciating the
evidence. Hence, at this stage no case for quashment of charge-sheet in
connection with FIR registered vide Crime No. 101/2021 at Police Station
Bordehi, District Betul for commission of offence punishable under Sections
306 and 498-A of IPC and Section 3/4 of Dowry Prohibition Act, 1961 against
present applicants is made out.
7. Accordingly, being devoid of any merits, present petition filed under
Section 482 of Cr.P.C. deserves to be and is hereby dismissed. However,
the applicants are at liberty to raise all the grounds raised herein before the trial
Court an appropriate stage.
(ARUN KUMAR SHARMA)
JUDGE
skt
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 7/22/2023
10:33:07 AM
