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MADHYA PRADESH HIGH COURT
B.K. Shrivastava, J.
Digvijay Singh And Others - Appellants
Versus
State Of M.P. And Another - Respondents
M. Cr.C. Nos. 33397/2018
Decided On : 17-03-2020
Petitioner sought quashing of FIR and charge sheet under Section 306/34 IPC. Deceased died due to burn injuries. Dying declaration and statement under Section 161 CrPC recorded by Executive Magistrate stated that the accident was the result of falling the Chimni. No any allegation was made against the applicants. However, the applicants were present at the time of incident. The deceased was 80% burn and the reason of her death was extensive burn. In the case of burn the injury may not be visible. The applicants continuously created the pressure upon the deceased to take the money from her parents. They also beated the deceased from time to time. They also did not give the ornaments to the deceased. Accused person by their acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide. Normally, a mother of 5 years old child cannot choose the way of suicide. If the circumstances are extreme in that condition the women may commit the suicide. Continuous torture, or the circumstances against a person may also create a mental torture and this is also a form of abetment of suicide. Hence, the petition was dismissed.
Fact of the Case:
Petitioner sought quashing of FIR and charge sheet under Section 306/34 IPC. Deceased died due to burn injuries. Dying declaration and statement under Section 161 CrPC recorded by Executive Magistrate stated that the accident was the result of falling the Chimni. No any allegation was made against the applicants. However, the applicants were present at the time of incident.
Finding of the Court:
The deceased was 80% burn and the reason of her death was extensive burn. In the case of burn the injury may not be visible. The applicants continuously created the pressure upon the deceased to take the money from her parents. They also beated the deceased from time to time. They also did not give the ornaments to the deceased. Accused person by their acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide. Normally, a mother of 5 years old child cannot choose the way of suicide. If the circumstances are extreme in that condition the women may commit the suicide. Continuous torture, or the circumstances against a person may also create a mental torture and this is also a form of abetment of suicide.
Issues: Whether the FIR and charge sheet under Section 306/34 IPC should be quashed.
Ratio Decidendi: The court held that the FIR and charge sheet should not be quashed. The court found that there was sufficient evidence to proceed further. The court also found that the applicants had created such circumstances that the deceased was left with no other option except to commit suicide.
Final Decision: The petition was dismissed.
JUDGMENT
1. This petition has been filed on 16.08.2018 under Section 482 of Cr.P.C. for quashing the FIR dated 22.05.2018 registered at Police Station Deonagar District Raisen for the offence punishable under Section 306/34 of IPC and also for quashment of Challan No. 169/2018 filed before the trial Court.
2. It is an admitted fact that the deceased Sadhna was marry with the applicant No.1 Digvijay Singh since ten years back. Out of their wedlock one son was also born who is aged about 5 years. On 23.04.2018, the deceased Sadhna was admitted in the Green City Hospital by the applicant No.1 Digvijay Singh and she expired on 29.04.2018, due to the burn injuries. Thereafter, the police received the information and registered the Marg No. 0/2018 on 29.04.2018 at Police Sation, Goutam Nagar, Bhopal. Upon the basis of aforesaid zero number information, original Marg No. 12/1988 was registered at Police Station, Deonagar. After the inquiry into marg on 22.05.2018, Crime No. 136/2018 under Section 306/34 of IPC was registered. Police investigate the matter and after investigation challan No. 169/2018 filed before the trial Court.
3. It is submitted by the applicants that the deceased Sadhna was residing with her husband, while Mahendra Singh and Parwati Thakur were living separately since six years back. As per the applicants no case is culled against the applicants under Section 306/34 of IPC, even if the entire prosecution story is treated to be a gospel truth. The dying declaration of the deceased was recorded and her statement under Section 161 of Cr.P.C. was also recorded. In both the statements, no any allegation has been made against the applicants. The deceased herself said in the dying declaration and her statement under Section 161 of Cr.P.C. that she had gone to the kitchen for cooking the food, but there was no light in the kitchen so she had to light a Chimni which was kept over and almarah near the place where she was working. When she stood up the Chimni fell on her. Due to which her sari caught fire and she got severely burnt. When she scream for help then husband/applicant No.1 reached to the room. The deceased also said in her statement that her mother-in-law and father-in-law/applicant Nos. 1 and 2 are residing separately and the deceased is resides with her husband and child. The dying declaration have been recorded by the Executive Magistrate. Therefore, no case is made out upon the basis of the dying declaration and statement under Section 161 of Cr.P.C.
4. It is submitted by the applicants that registration of FIR and continuance of criminal case against the applicant is a gross abuse of process of law. In the light of various judgments of Honble Apex Court the necessary ingredients of Section 107 of IPC are not culled out in the factual matrix of the instant case. The applicants have not played any passive role in the instigating the deceased to commit the suicide. In absence of any prima facie case against the applicants, benefits of doubt ought to have been granted to the applicants. The entire story is based on the inadmissible and concocted evidence. Therefore, this is a fit case for quashment of FIR by exercising the power under Section 482 of Cr.P.C. If such criminal prosecution are allowed to stand then it shall lead to travesty of justice. Upon the aforesaid ground, it is prayed that FIR [Annexure A/1] be quashed by using the power under Section 482 of Cr.P.C. and also to quash the consequent challan in the interest of justice.
5 . At the time of oral arguments, learned applicants counsel also submitted that the applicants are innocent person who have been falsely implicated in this case. As per documents Page. 72 and 130, the applicants Nos. 2 and 3 are living separately. The dying declaration at Page 65 and the statement under Section 161 of Cr.P.C at page 87 were recorded on 24.04.2018 in which it was stated that the accident was the result of falling the Chimni. No any allegation was made against the
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