Gaurav Vij vs State NCT Of Delhi - 2021 Supreme(Del) 901

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 901

RAJNISH BHATNAGAR
Gaurav Vij – Appellant
Versus
State NCT Of Delhi – Respondent

Advocates appeared:
Mr. Madhav Khurana, Mr. Piyush Pahuja and Ms. Divya Thapliyal, Advocate, for the Appellant; Ms. Manjeet Arya, APP with Insp. Yogesh Bhatia, Mr. Jai Sahai Endlaw, Advocate, for the Respondent.

ORDER

Rajnish Bhatnagar, J. - This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 13/2020, under Sections 498A/306/201 read with Section 34 of Indian Penal Code 1860, registered at Police Station- Prashant Vihar, Delhi, and all proceedings emanating therefrom.

2. In brief the facts of the case are that on 12.02.2010, the marriage between the petitioner no.l and Late Mrs. Prachi Vij was solemnized and on 18.03.2013, Master Kenit Vij was born out of the wedlock. On 31.12.2019, Late Mrs. Prachi Vij was found dead and a suicide note was recovered, wherein, allegations were levelled against the petitioners, namely, Gaurav Vij (husband) of deceased and Neeta Vij (mother-in-law) of deceased. On 02.01.20, postmortem was conducted, wherein, it was opined that the death of the deceased was caused due to combined effect of asphyxia and venous congestion on the neck as a result of anti-mortem ligature hanging. The impugned FIR had been registered pursuant to the complaint dated 10.01.2020, that was filed ten days after the death of Late Mrs. Prachi Vij, by Respondent no. 2 (sister) of the deceased against the petitioners, under the belief that the petitioner no. 1 (husband) of d