The judgment emphasizes the cautious exercise of powers under Section 482 CrPC and the need to prevent abuse of the court process while securing the ends of justice.

JUDGMENT

N.S. Dhanik, J. - This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the chargesheet and cognizance order dated 20.10.2020, passed by the Additional Chief Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No. 903/2020, taking cognizance against the applicants for the offences under Sections 302, 304B IPC. Applicants have also prayed that the matter be re-investigated by a Special Investigation Team.

2. Facts, in brief, are that the respondent no. 3 lodged an FIR on 4.7.2020 stating that the marriage of Mr. Kashif (brother of the applicant no. 2) had taken place with Smt. Majida (niece of the complainant) on 8.2.2015. One son, namely, Master Adam was born out of the said wedlock. After the marriage, husband, mother-in-law, sisterin-law and brother-in-law of Smt. Majida used to harass her for the dowry and they were instigated by the maternal uncles of husband of Smt. Majida to kill her. On 3.7.2020, the deceased (Smt. Majida) accompanied with her husband came to the house of complainant and told him about the demand of dowry by the accused persons. Then the complainant and his brother gave rupees fifty thousand to Kasif and assured him that they would give him some more money to buy a bullet. Thereafter deceased and her husband returned. At about 11.30 AM on 4.7.2020, a phone call came from the matrimonial house of the deceased on the phone of complainant's brother and it was informed that Majida has died. It was alleged in the FIR that the deceased was killed for dowry.

3. Pursuant to the FIR, investigation was made and police submitted the chargesheet against the accused persons including the present applicants and thereafter the Court below has summoned the applicants to face the trial for the aforementioned offences.

4. Learned Senior Counsel for the accused applicants contended that in fact it was a case of suicide and the police gave it the colour of murder/dowry death. Learned Senior Counsel submitted that the son of the deceased (about three and half years' old child) was present at the spot at the time of incident, but the police did not record his statement. Learned Senior Counsel further submitted that the door of the room, in which the deceased committed suicide by hanging herself with the fan, was bolted from inside and when the alarm was raised by the child (son of the deceased) from inside the room, the applicants saw the scene from the window. Learned Senior Counsel argued that one Mr. Haseeb, a common relative of both sides who reached at the place of occurrence immediately after the incident, is a key witness but his name does not figure in the list of witnesses. Learned Senior Counsel submitted that the deceased had illicit relations with one unknown person, to whom she made more than 8000 calls in short span of time and talked to him in the night of 3.7.2020 and even in the morning of 4.7.2020 and the same is apparent from the call record details of the mobile phone of the deceased and when the said person refused to marry her, she committed suicide, but this aspect has not been investigated by the police. Learned Senior Counsel further argued that it has also come to light during investigation that the deceased was not sexually satisfied with her husband. Learned Senior Counsel for the applicants placed reliance on the judgment of the Hon'ble Apex Court rendered in State of Haryana v. Bhajan Lal,1992 AIR 604, and argued that if there are latches in the investigation, interference under Section 482 CrPC would be justified.

5. Arguing on the medical evidence, learned Senior Counsel for the accused applicants contended that in the post-mortem report, there is no whisper regarding strangulation or homicidal death of the deceased and the said report reveals that there was an injury in 'V' shape on the neck of the deceased and the same is sufficient to draw the inference that it was a case of suicide and the injuries mentioned in the post-mortem report negate