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2023 Supreme(Del) 371

AMIT SHARMA
Kamlesh – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ajay Sharma, Mr. Bhuvnesh Kaushik, Mr. Sparsh Rathi and Mr. Vipul Lamba.
For the Respondents: Mr. Manjeet Arya, Insp. Ajay Kumar, PS Najafgarh, Mr. Abhishan Agarwal along with complainant in person.

JUDGMENT :

[Amit Sharma, J.]

1. The present application under Section 438 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeks grant of anticipatory in case FIR no. 277/2022, registered at PS Najafgarh on 22.05.2022, for offences under Sections 498A/304B/34 of the Indian Penal Code, 1860 (‘IPC’).

2. The brief facts of the present case, as stated in the status report dated 13.01.2023, authored by SHO, PS Najafgarh, are as follows:

    i. On 21.05.2022, information was received at PS Najafgarh regarding suicide of a woman. On reaching the spot, the body of a woman was found lying on the ground with one part of chunni/dupatta wrapped around her neck and other part hanging on the doorframe.

ii. It is alleged that one, Gaurav who was present at the spot informed that the deceased was his wife and had hung herself and on seeing the same, he cut off the chunni in order to get her off from the doorframe. Since the death was within seven years of marriage, SDM Najafgarh and Crime Team were informed about the incident.

iii. Statements of parents of the deceased were recorded on 22.05.2022 by Tehsildaar, Najafgarh. In the said statement, the father of the deceased, i.e., Sh. Ishwar Kumar, alleged

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