The court emphasized the importance of considering relevant materials and complying with due process of law when differing with police reports and taking cognizance of offences.

JUDGMENT :

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the First Information Report in connection with Chas Muffasil P.S. Case No.109 of 2021 corresponding to G.R. No.229 of 2023 registered for the offence punishable under Section 306 of the Indian Penal Code, 1860 pending in the court of Chief Judicial Magistrate, Bokaro. Prayer has been in this Criminal Miscellaneous Petition, also for quashing the order dated 13.02.2023 passed by the learned Chief Judicial Magistrate, Bokaro wherein the learned Magistrate differing with the Final Report submitted by the police; wherein the police did not send up the petitioner for trial, as the facts were not proved for taking cognizance against the petitioner for the offence punishable under Section 306 of the Indian Penal Code; on the basis of paragraphs-2, 3, 4, 39, 52, 53 and 55 of the case-diary, found prima facie case against the petitioner for having abetted the commission of suicide of her deceased husband- Pankaj Kumar.

3. The brief fact of the case is that the husband of the petitioner was posted as Executive Engineer in Jharkhand Bijali Vitran Nigam Limited and on the date of occurrence, he was posted at Dhanbad. His father died in an accident in the year 2011. On the date of occurrence of death of the deceased, the deceased wanted to go alone from his house at Ranchi to his place of posting in Dhanbad but the petitioner insisted to accompany him. On the way the deceased stopped the car over a bridge on a river and told the petitioner to pour water on the radiator as the same has become hot and while the petitioner was pouring water on the radiator, the deceased jumped into the river from the bridge resulting in his death; by way of suicide. Unnatural Death case being Chas (M) P.S. U.D. Case No.04 of 2020 was registered on 17.06.2020. As no foul play was detected; the said U.D. Case was closed. Then the paternal uncle of the deceased- Pankaj Kumar filed Complaint Case No.717 of 2020 in the court of Chief Judicial Magistrate, Bokaro; which was referred to police under Section 156 (3) of Cr.P.C. The said complaint was accompanied by the letter written by the mother of the deceased to the Superintendent of Police, Bokaro alleging therein that the petitioner used to indulge in keeping herself busy with different social media by her mobile phone till late night and when her husband used to protest the same, she was becoming ready to assault him and family members of the petitioner were supporting her in this matter and the petitioner was threatening to send the deceased to jail by lodging false dowry case and she was threatening to take help of one of her relatives who is a judge and she was spending time by using two of mobile SIMs and also with other numbers and when her mother-in-law was trying to make her understand, the petitioner used to quarrel with her and used to threaten her and because of these reasons; the husband of the petitioner used to be in continuous tension. During four years of marriage, the involvement of the parents of the petitioner in the matrimonial life of the petitioner and her husband went up and on the date of occurrence the deceased wanted to go to his duty place at Dhanbad either alone or with any of his friends but the petitioner insisted to accompany him. The petitioner and her husband left their house at 11:00-11:30 pm but took unusually long time to reach Bokaro and the mother of the deceased raised doubt that the reason for such delay was that the petitioner might have mentally tortured her husband on the way; which forced the deceased to commit suicide; because the deceased was alright when he left his house at Ranchi. It is further alleged that as after the death of her husband, the parents of the petitioner came and stayed in the house of the mother-in-law of the petitioner, hence, the mother-in-law of the