ORDER

1. The instant petition preferred under Section 482 of Cr.P.C. by the petitioner for quashing of FIR bearing Crime No.530/2022

.2 registered at Police Station Maharajpura, Gwalior for the offence punishable under Sections 498-A, 304-B, 34 of IPC and all consequential proceedings.

2. Brief facts of the case for adjudication are that on 14.07.2022, FIR was lodged at the instance of complainant (father of deceased) with the allegations that he received information that his daughter (since deceased) is not well and is admitted in Birla Hospital, Gwalior. When complainant reached Birla Hospital, he found his daughter declared dead by the doctor. Merg was registered vide No.25/2022 and during investigation, statements of family members were recorded.

3. After registration of FIR, investigation was carried out and charge-sheet was filed against the present petitioner, who is father- in-law of deceased, husband, brother-in-law (tsB) and sister-in-law (tsBkuh) of the deceased.

4. After investigation charge-sheet was filed before the trial Court and trial is pending. Petitioner (father-in-law) takes exception to the criminal proceeding pending before trial court.

5. It is the submission of the learned counsel for the petitioner that deceased namely Deepa was married to Praveen on 06.12.2020 at Bhind. Praveen is in private job, therefore, stays at Gwalior. It is further submitted that at the time of incident petitioner was residing separately from the deceased at Sambhaji Rao Colony, Morar whereas the deceased committed suicide at the house where the deceased used to live with her husband which is at B-Block, D.D. Nagar, Gwalior, therefore, it was virtually impossible to extend threat or coercion for dowry demand.

6. Learned counsel for the petitioner referred different chats of WhatsApp and photographs appended with the charge-sheet to

.3 demonstrate that deceased Deepa had an illicit relationship with one another male and that man got married to another girl, therefore, deceased was disturbed by said development and became over possessive. Their chat depicts despair and despondency of deceased and she wanted to marry with that boy purportedly her paramour. Because of such despair and despondency, she committed suicide. It is further submitted that a written complaint dated 01.04.2022 (death occurred on 17.06.2022) was filed by the deceased Deepa at Police Station Maharajpura in which only one reference of harassment was referred qua present petitioner when she said that her father-in-law also harassed her. Such omnibus allegations that too without reference to context has no meaning and it is not specific in nature. It is a moment of emotional weakness and she was disturbed by the fact that her paramour got married to some other girl and this she could not bear and therefore committed suicide. It is further submitted that in the charge sheet not only chats of deceased and her paramour are included but also voice test report also filed to indicate that voice of paramour as figures in telephonic conversation between the two in mobile phone matches with the voice of paramour. All these evidence have fairly placed by the prosecution before the trial Court and, therefore, those documents can be seen for the purpose of ascertaining the culpabilities.

7. Learned counsel for the petitioner relied upon the judgment of Coordinate Bench of this Court in the case of Megha Singh Shinde Vs. State of M.P. and others reported in 2018 (2) MPLJ (Criminal) 631 to support his submissions.

8. Learned Deputy Advocate General for the respondent/State

.4 opposed the prayer and on the basis of charge-sheet, submitted that two months before her death she made a written complaint in which name of petitioner figures. Therefore, charge sheet has rightly been filed against petitioner. He prayed for dismissal of petition.