Madhya Pradesh High Court
Indu Verma @ Indu Dhakad vs The State Of Madhya Pradesh on 20 May, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 20th OF MAY, 2024
MISC. CRIMINAL CASE No. 49808 of 2023
BETWEEN:-
1. INDU VERMA @ INDU DHAKAD D/O SHRI
RAMSWAROOP VERMA, AGE 26 YEARS,
OCCUPATION: STUDY RESIDENT OF
VILLAGE POHARI TEHSIL POHARI DISTRICT
SHIVPURI (MADHYA PRADESH)
2. ASHA DHAKAD W/O BHARAT DHAKAD, AGE
36 YEARS, OCCUPATION: GOVT. TEACHER
RESIDENT OF RAILWAY CROSSING KE PASS,
SINGH NIVAS DISTRICT SHIVPURI (MADHYA
PRADESH)
3. BHARAT SINGH DHAKAD S/O SHRI
HARIVALLABH SINGH DHAKAD, AGE 37
YEARS, OCCUPATION: GOVT. SERVICE
RESIDENT OF RAILWAY CROSSING KE PASS,
SINGH NIVAS DISRICT SHIVPURI (MADHYA
PRADESH)
.....PETITIONERS
(SHRI AJAY KUMAR DWIVEDI- ADVOCATE FOR PETITIONERS)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH POLICE STATION POHRI
DISTRICT SHIVPURI (MADHYA PRADESH)
2. SMT. DEVI SINGH RAJPOOT S/O SHRI
RAMCHARAN RAJPUT, AGE 60 YEARS,
OCCUPATION: SHOPKEEPER RESIDENT OF
PAN PATTE KI GOTH KAMPOO DISRICT
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
2
( SHRI GIRRAJ SONI- PUBLIC PROSECUTOR FOR RESPONDENT NO.-1-
STATE AND SHRI VIJAY KUMAR JHA- ADVOCATE FOR RESPONDENT
NO.2- COMPLAINANT)
This PETITION on coming on for HEARING this day, the court
passed the following:
ORDER
This petition u/S 482 of CrPC has been filed by the petitioners
seeking quashment of FIR pertaining to Crime No.150 of 2023
registered by PS Pohri, District Shivpuri for offence punishable under
Sections 498-A, 306 of IPC and Section 3/4 of Dowry Prohibition Act
with all consequential proceedings thereto.
(2) The exposition of facts, giving rise to present petition, is as under:
As per the case of prosecution, Pushpa Rajput (deceased) was
married to Narendra Dhakad on 29-01-2015. Narendra Dhakad was
living with Pushpa at Delhi. In year 2021, due to lock-down, Narendra
started living with Pushpa at his parental house at Pohri, District
Shivpuri. Thereafter, family members of Narendra started harassing
Pushpa with regard to demand of dowry. Ramswaroop, father-in-law of
Pushpa, reported to PS Pohri, District Shivpuri that his daughter-in-law
Pushpa has committed suicide by hanging on 29-04-2023. On this
intimation, Unnatural Death Report No.0014/2023 was registered at PS
Pohri, District Shivpuri and inquest was started. Postmortem
examination was conducted. On postmortem examination, the Medical
Expert opined that Pushpa has died due to antemortem hanging and she
had sustained injuries approximately five days' prior to postmortem
examination. During inquest proceedings, for the first time, on 07-05-
2023, father of the deceased alleged that family members of Narendra
were harassing Pushpa. He further alleged that Narendra (Husband) and
his family members including petitioners, are responsible for death of
Pushpa. On such allegations, PS Pohri, District Shivpuri registered
Crime No.150/2023 for offence punishable under Sections 498A, 306 of
IPC and Section 3/4 of Dowry Prohibition Act against husband
Narendra Dhakad, father-in-law Ramswaroop Dhakad, mother-in-law
Angoori Devi, sister-in-law (nanand) Smt. Asha Dhakad (petitioner
No.2), sister-in-law (nanand) - Indu Dhakad (petitioner No.1) and
brother-in-law- (nanandau) Bharat Dhakad (petitioner No.3).
Investigation is underway.
(3) Assailing the impugned FIR, the petitioners have filed this
petition, on following grounds:-
(i) Deceased Pushpa was suffering from mental ailment. She was
under treatment at Mental Hospital, Gwalior. During eight years of
marriage, no allegation of harassment is made against petitioners.
(ii) Petitioner No.1- Indu Verma (Dhakad) is the sister-in-law of
deceased. She was studying at Indore Girls' Hostel prior to the death of
Pushpa.
(iii) Petitioner No.2- Asha Dhakad are sisters-in-law of deceased
and working as Teacher in the Government Higher Secondary Girls'
School, Sadar Bazar, Shivpuri. Petitioner No.3- Bharat Singh Dhakad is
husband of Asha Dhakad and working as Employment Assistant, Gram
Pranchayat, Bhadroni, Tehsil Pohri, District Shivpuri. Both are living at
Village Jheeri, District Shivpuri. They have no involvement in day-to-
day affairs of family of deceased.
(iv) Petitioners have been falsely implicated in the matter. Only
omnibus and vague allegations have been made against them. No
allegation was made before or immediately after death of Pushpa
regarding demand of dowry.
(v) Husband of deceased Narendra Dhakad had also submitted a
complaint to Superintendent of Police, Shivpuri but no action was taken
on his complaint.
(vi) In FIR and statements of parents of deceased recorded under
Section 161 of CrPC, no allegation is made against petitioners that
either they had harassed or tortured the deceased physically and
mentally or they had demanded any dowry.
Learned Counsel for petitioners places reliance on judgment of
Supreme Court in State of Haryana Vs. Bhajan Lal reported in
(1992) Suppl.SCC 335 and requests that the impugned FIR with all
consequential proceedings thereto, may be quashed.
(4) Per contra, learned Counsel for the State ably assisted by
learned Counsel for objector submits that allegations contained in FIR
clearly make out alleged offence. The prosecution version is supported
by medical evidence, therefore, the FIR may not be quashed.
(5) Heard both the parties and perused the record.
(6) As per contents of FIR and materials collected by the police
during inquest proceedings, there is direct allegation against the
petitioners with regard to harassment of deceased for non-fulfilment of
demand of dowry. The allegation may not be treated as general and
omnibus. Defence of the petitioners that they had no interference in the
family affairs of the deceased as they are living separately is not
relevant at this stage. It is trite law that the FIR is not an encyclopedia
of incident. The allegation contained in FIR appears to be sufficient to
initiate the prosecution. Therefore, no benefit enures to the petitioners of
the law laid down by Supreme Court in aforementioned case.
Allegations contained in FIR are not absurd or inherently improbable.
There is no evidence on record to suggest that FIR was lodged with
ulterior motive of wrecking vengeance on petitioners, therefore, the FIR
in present case does not fall within the ambit of guidelines laid down in
case of Bhajan Lal (supra) for quashment of FIR. Thus, no case is
made out to scuttle investigation as such a preliminary stage by
quashing the FIR in exercise of inherent jurisdiction under Section 482
of Cr.P.C. (Tara Mani Parakh Vs. State of Madhya Pradesh (2015) 11
SCC 260 relied).
(7) Consequently, the petition under Section 482 of Cr.P.C. is hereby
dismissed.
(SANJEEV S. KALGAONKAR)
JUDGE
MKB
MAHENDRA
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BARIK
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serialNumber=AB90F893988F10D718DA01F8065D87F25DDC9B6C8C
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Date: 2024.05.30 03:15:39 +05'30'
