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2024 Supreme(Pat) 583

IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR, J.
Criminal Misc. No.78007 of 2023
(13.8.2024)
Rohit Kumar Tripathi @ Rohit Tripathi ... Petitioner
vs.
State of Bihar & Anr. ... Opp. Parties

Advocates:
For the Petitioner: M/s P.N. Shahi, Sr. Adv., Vishwajeet Kumar Mishra, Anjani Parashar, Aakash Choudhary.
For the State : Ms. Nirmala Kumari, APP.
For the Opp. Party No.2 : Mr. Maheshwar Dhar Dwivedi.

Headnote:

Indian Penal Code, 1860 – Sections 304B/34 [Bharatiya Nyaya Sanhita, 2023 – Section 80/3(5)] – Criminal Procedure Code, 1973 – Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528] – Dowry death – Common intention – There is no allegation against petitioner except general and omnibus allegations – Petitioner being a junior member of family is not expected to demand dowry and torture deceased – From facts on record, it appears that deceased may have committed suicide though it is a matter of trial – Most of the time petitioner was not staying in house but was preparing for Judicial Services Examination in Delhi – It is not sufficient for Court to solely rely on averments of F.I.R./complaint to determine essential ingredients of offence – Court has duty to examine F.I.R./complaint as complainant/informant may draft F.I.R./complaint meticulously ensuring that it include all necessary details and elements of alleged offence – This is a fit case in which quashing application of petitioner should be entertained under Section 482 of Cr.P.C. – There is no material to directly connect petitioner with alleged crime – He has been made accused merely because he is brother-in-law of deceased – Petitioner cannot be asked to undergo trial because F.I.R. does not disclose specific allegations – FIR and all consequential proceedings quashed with respect to present petitioner only – Application allowed. (Paras 20, 21, 25 to 29)

Sandeep Kumar, J.—Heard learned Senior Counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.

2. Along with the written notes of arguments of the petitioner, the certified copy of the complaint case no.274(c) of 2021 as well as the certified copy of the order dated 23.06.2022 passed by the learned Magistrate in connection with Complaint Case No.274 (c) of 2021 have been filed, which are taken on record.

3. This application has been filed for quashing of F.I.R. vide Khagaul P.S Case No. 109 of 2022 registered for the offence under sections 304-B/34 of the Indian Penal Code and all consequential proceedings arising out of the aforesaid F.I.R.

4. As per the F.I.R., the daughter of the informant namely, Shalini Tiwari was married to Rahul Kumar Tripathi on 24.06.2019. At the time of marriage the informant had given household articles worth Rs.20,00,000/- to the accused persons. After the marriage, the accused persons including the petitioner started demanding a Swift Dzire car and on account of non-fulfillment of said demand, the daughter of the informant was tortured by the accused persons. It is also alleged that the daughter of the informant was a teacher at Army Public School, Danapur but, her entire salary was taken by the her husband and his family members. Further, on 20.04.2022, the accused persons verbally abused and assaulted informant’s daughter. The daughter of the informant informed this fact to her mother and also said that her in-laws are planning to kill her and they are not giving food to her. It is also alleged on the next day at about 7:00 A.M. the son-in-law of the informant namely, Rahul Tripathi informed that his wife (daughter of the informant) has not taken food since morning and is not talking with him and has closed the door of her room. On receiving the information, the son of the informant went to the flat of his sister and enquired about his sister, upon which, the accused persons said that the doors of the room is closed. Thereafter, his son went near the room and saw that the doors of the room were open and his sister was hanging from the fan and her feet was touching the floor. Thereafter, she was taken to Paras Hospital where she was declared dead.

5. Learned Senior Counsel for the petitioner submits that the allegations, as alleged in the FIR, are serious in nature but whether the death was homicidal or suicidal is an aspect of investigation. He further submits that from perusal of the allegations, as alleged in the FIR, it would manifest that apart from a bald allegation that the entire family members were demanding a Swift D-zire car and used to take her salary, no specific allegation is alleged against anyone.

6. Learned Senior Counsel for petitioner further submits that the petitioner has completed B.B.A L.L.B (Hons.) - 5 years course from Christ University, Bengaluru in the year 2018. He then enrolled as an Advocate with the Bar Council of Maharashtra and Goa and also cleared the Bar Council Examination having enrollment No. MAH/1987/2018 and started practicing in Mumbai, but later he shifted to Patna and started practicing before this Court and Civil Court. In the year 2021, he completed L.L.M in Corporate and Commercial Laws from Chanakya National Law University, Patna with 71.38% marks, as would be evident from Annexure-P/4 series. The petitioner also successfully cleared 31st Bihar Judicial Services Mains Examination and got selected securing 35th Rank in the merit list.

7. It has also been submitted by learned Senior Counsel for the petitioner that the petitioner appeared for the Assistant Prosecution Officer (APO) examination and cleared the preliminary examination. The petitioner has been preparing for the competitive examination in Delhi to pursue a career in Judicial Service and he has no concern with the matrimonial life of his elder brother and the deceased. The petitioner had come from Delhi to Patna only a few days before the date of occu

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