2021 Supreme(Online)(MP) 1066
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: Hon’ble Mr. JUSTICE VIVEK RUSIA)
(Irfan Ali S/o. Sakir Ali V/s. State of M.P.)
Applicant by Shri S.K. Vyas, Sr. Advocate with Shri Amit
Respondent/State by Shri Valmik Sakargayen, Panel
Heard the learned counsel for the parties through video conferencing.
Advocates:
Amit Vyas,Advocate General
This is criminal revision filed under Section 397 of
Cr.P.C. by the applicant (Irfan Ali), against the order dated 3.12.2020 passed in ST No 227/2020 whereby charges under section 498-A and 306 of I.P.C. have fremed against him by the learned IVth Additional Session Judge, Indore in connection with Crime No.567/2020, registered at Police Station Kotwali, District Dewas.
2. No.30/2020 was registered under section 174 of the Cr.P.C. upon the information of the death of Rinki @ Sara @ Joya w/o Irfan Ali. The dead body was recovered and sent for post mortem. As per the post mortem report, she died because of suicide by hanging herself in the bedroom. After investigation, it was revealed that the deceased was married to the present applicant 10 years ago and they have two sons aged about 9 and 7 years respectively. She doubted the extramarital affairs of the applicant with one Karishma Choudhary. The deceased left a suicide note that she is committing suicide Karishma
Choudhary has ruined her life and she alone is responsible for her death and nobody else. After recovering the suicide note the police have recorded the statements of the mother of the deceased – Smt. Reeta Rajani; father – Shri Dayanand Rajani and sister – Ms. Nikita Rajani. According to all of them, Rinki i.e. the deceased got married to the present applicant and since the marriage was inter-religion, therefore, due to religion conversion she became Sara @ Joya. After the marriage, while visiting their house, she used to complain that on a petty issue the applicant is habitual in assaulting her. She was mentally tensed as the applicant was living in another Flat with Karishma Choudhary. On the date of the incident, they tried to call her on phone, but she did not attend the call. Near about 2.15 am., the applicant's brother – Imran gave a call to them. They went to the M.G. Hospital and came to know that Rinki has committed suicide. The police have also recorded the statement of Ms. Karishma Choudhary who stated that she is in the profession of modelling and fashion-show and due to which she came in the contact with the present applicant three years ago. She used to call him by Whatsapp chatting in connection with her professional work. She has got engaged five months ago and her marriage would be in November 2020. She has further disclosed that Rinki has committed suicide because she might have some dispute with her husband. The police have also recorded the statement of other model girls who have stated that they have never seen Karishma Choudhary and the applicant together. On the basis of statements, the police have charged the applicant under section 306 and 498-A of the I.P.C. and arrested him. The investigation has been completed and the Final Report ( Chalan) is filed on 22.10.2020. Now vide order dated 03/12/2020 learned Additional Session Judge has framed charges under section 498-A and 306 of I.P.C. against the applicant, hence this revision petition before this court.
3. applicant, has argued that the wife of the applicant has committed suicide after 10 years of the marriage. They have two sons. The Police has recorded the statement of both the sons in which they have not stated anything adverse against the applicant. Even Ms. Karishma Choudhary and other model girls have not made any allegation about an affair with Karishma Choudhary. During ten years of the marriage, the deceased did not make any complaint of cruelty and harassment by the applicant. The police have recovered the Smart Phone of the deceased in which they did not find any objectionable photo or video and chatting. Since the applicant is engaged in the profession of Event Manager, therefore, he is bound to come in contact with various model girls. He has never instigated or abated his wife to commit suicide the ingredient of section 107 and 306 are missing in this case. There is no evidence about cruelty meted out to the deceased. The deceased had cursed with Ms. Karishma Choudhary
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