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2019 Supreme(MP) 727

B.K.SHRIVASTAVA
DIPTI w/o DEEPAK RATHORE – Appellant
Versus
STATE OF M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Jubin Prasad
For the Respondent: Jitendra Singh Parihar

JUDGMENT :

1. This petition has been filed under section 482 of CrPC on 5-10-2018 on behalf of petitioner Dipti Rathore for quashment of the FIR dated 22-5-2018 registered at Police Station, Kotwali, Sehore bearing Crime No. 386/2018.

2. It is an admitted fact that the petitioner was married with Deepak Rathore (son of the deceased) on 6-5-2017. On 23-4-2018 father-in-law of the petitioner named Mahesh Rathore committed suicide by jumping into well. Police District Sehore registered Merg No. 28/2018. After inquiry into Merg, First Information report No. 386/2018 under section 306 of Indian Penal Code was registered on 22-5-2018. After investigation, Police filed challan before the competent Court. It is also an admitted position that the charge under section 306 of Indian Penal Code has been framed against the petitioner by the trial Court.

3. It is submitted by the counsel for petitioner that the FIR lodged against the petitioner is motivated and the petitioner has been falsely implicated in the offence with an intention to harass the petitioner. Allegations against the petitioner, as contained in the prosecution story, do not make out an offence under section 306 of Indian Penal Cod

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