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2023 Supreme(MP) 255

DEEPAK KUMAR AGARWAL
Rajnish Panthi – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
Atul Gupta for petitioners; Neeraj Damaniya, Panel Lawyer, for respondents/State.

ORDER

1. This petition has been preferred by the petitioners under section 482 of 1 Cr.P.C. for quashing of FIR registered at Crime No.172/2015 at Police Station Tyonda, Distt. Vidisha for the offence punishable under sections 306/34 and 120-B of IPC and its subsequent criminal proceedings.

2. Brief facts of the case are that on 20.2.2015, some altercation took place between the deceased- Maharaj Giri, Sachin Giri, Krishangopal Das and accused- Goverdhan Sharma and his brothers for which FIR was registered. Thereafter, accused persons started threatening them to kill, due to which, deceased- Maharaj Giri, Sachin Giri, Yashoda Bai, Poonam Giri committed suicide by hanging themselves collectively. Thereafter, Merg Nos.28, 29, 30, 31/2015 under section 174 of Cr.P.C. were recorded. Thereafter, FIR bearing Crime No.172/2015 was registered for the offence under sections 306 and 34 of IPC against the present petitioners.

3. Learned counsel for the petitioners contended that prima facie o n the facts and evidence as adduced by the prosecution in the case, no offence under section 306 of the IPC is made out against the petitioners/accused as there is no evidence on record to show that the pet

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