Shubham Alias Shyam Sunder Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 7674 MP

                                 1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 10 th OF MAY, 2023
                CRIMINAL REVISION No. 2036 of 2023

BETWEEN:-
1.    SHUBHAM ALIAS SHYAM SUNDER SHARMA S/O
      SHRI RAJESH SHARMA, AGED ABOUT 25 YEARS,
      R/O 147 ADITYA NAGAR, C.P. COLONY, MORAR,
      DISTRICT- GWALIOR (MADHYA PRADESH)

2.    SMT. SEETA DEVI SHARMA W/O SHRI RAJESH
      SHARMA, AGED ABOUT 40 YEARS, OCCUPATION:
      HOUSEWIFE R/O 147 ADITYA NAGAR, C.P.
      COLONY MORAR DISTRICT- GWALIOR (MADHYA
      PRADESH)

                                                            .....PETITIONERS
(BY SHRI RAJMANI BANSAL- ADVOCATE)

AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION- MORAR, DISTRICT- GWALIOR (MADHYA
PRADESH)

                                                           .....RESPONDENTS
(BY SHRI RAJENDRA SINGH YADAV- PUBLIC PROSECUTOR)

      This revision coming on for admission this day, th e court passed the
following:
                                  ORDER

This Criminal Revision under Section 397 & 401 of the Code of Criminal Procedure has been filed by the petitioners being aggrieved by the order dated 09/03/2022 passed in S.T. No.135/2021 by 6th Additional Session Judge, District- Gwalior (M.P.) whereby the trial Court has framed the charges under Sections 304-B, 498-A, 302 of IPC read with Section 4 of Dowry Prohibition

Act against the petitioners in relation to FIR bearing Crime No.177/2020 registered at Police Station- Morar, District- Gwalior (M.P.).

The brief facts of the case are that a merg intimation was recorded at the behest of Asharam Upadhyay who is brother of the deceased to the effect that on 23/02/2022, his sister- Anju committed suicide by hanging. On his information, enquiry was conducted and recorded the statements of the witnesses. Thereafter, on the basis of enquiry, FIR bearing Crime No.177/2020 was registered against the petitionersat Police Station- Morar, District- Gwalior (M.P.) for the offence under Sections 304-B, 498-A and 34 of IPC. Thereafter, charge sheet was submitted and charges under Sections 304-B, 498-A, 302 of

IPC read with Section 4 of Dowry Prohibition Act were framed vide order dated 09/03/2022 passed in S.T. No.135/2021.

Learned counsel for the petitioners submitted that petitioners have been falsely implicated in this case. They never harassed the deceased for demand of dowry. There is no evidence on record that they used to demand of dowry from the deceased. Beside this, there is no iota of evidence to connect the petitioners with the present case that they did cruelty with the deceased soon before her death regarding demand of dowry. It is further submitted that there is no allegation against the petitioners of demand of dowry in the statement recorded under Section 161 of Cr.P.C. Learned counsel for the petitioners relied upon the judgment of Hon'ble Supreme Court in the case of Sanjay Kumar Rai Vs. State of U.P. and others passed on 07/05/2021 in Criminal Appeal No.472/2021 wherein it has been held as under:-

"The High Court has committed jurisdictional error while not entertain the revision and overlooking the fact that charge is a valuable right providing to the accused, further more the High

Court has not - to the guidelines initiated by the Hon'ble Apex Court, which is on record and qua initiated in the case of P. Vijayan Vs. State of Kerala and others [2010 SCC 398] which has provided 7 guidelines principle in power of discharge to the learned trial Court."

Learned counsel for the State vehemently opposed the petition and prayed for its dismissal.

Heard learned counsel for the rival parties and perused the record. After hearing learned counsel for the parties and looking to the overall facts and circumstances of the case, this Court is of the view that trial Court committed an error in passing the order of framing charges. Accordingly, impugned order dated 09/03/2022 passed by 6th Additional Session Judge, Gwalior (M.P.) in S.T. No.135/2021 framing charges against the petitioners under Sections 304-B, 498-A and 302 of IPC and Section 4 of Dowry Prohibition Act is hereby set aside. Petitioners are discharged from all the charges of the present case.

Accordingly, this Criminal Revision stands allowed and disposed of. A copy of this order be sent to the trial Court concerned and police station for necessary information.

C.C. as per rules.

(DEEPAK KUMAR AGARWAL) RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya JUDGE rahul SINGH Pradesh, 2.5.4.20=eac942476567cd1b39b3da4606840 3462fdf82ab676d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3 D9FE728CE00D487,

PARIHAR serialNumber=0275C4F803F94C47998BE5C5 34E21BDED910FD4AB9D159B55575E814D05 B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.05.11 13:54:57 +05'30'