IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE MISC. CRIMINAL CASE No. 2868 of 2025 MAYA DEVI AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Vibhor Kumar Sahu - Advocate for the petitioners.

Shri APS Tomar - Public Prosecutor for the State.

RESERVED ON :- 08/12/2025 DELIVERD ON :- 10/12/2025 ORDER The present petition under Section 482 of the Code of Criminal Procedure, 1973 / Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners No.1 to 4, namely, Maya Devi, Jeet Singh, Kalyani Sikarwar and Pramod Kumar Goyal respectively seeking quashment of FIR registered vide Crime No. 20/2023 at Police Station Mahila Thana, District Guna, for the offences punishable under Section 498- A of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act, along with the charge-sheet and all consequential proceedings arising therefrom.

As per prosecution story, on a complaint of consumption of poison, one Bhanu Pratap Chauhan was initially taken in serious condition to District Hospital, Bhind, from where he was referred to J.A.H. Hospital, Gwalior. During treatment, where he expired on 04.09.2024. A zero marg was initially registered at Police Station Kampoo, Gwalior as Merg No.00/603/2024 and post-mortem was conducted thereafter. After receiving the marg diary, Police Station Dehat registered Marg No. 91/2024 under Section 134 BNSS and took up the inquiry. The case was marked to SI Ajay Singh Yadav. During merg inquiry, notices were issued and statements of the deceased’s brother/complainant Shivpratap Singh @ Golu, father Brijraj Singh, and mother Guddi Devi, all residents of Village Sanawai, P.S. Nayagaon, presently residing at Bharoli Tiraha, P.S. Dehat, District Bhind, were recorded. All the above witnesses consistently stated that the deceased was subjected to harassment, quarrels, and cruelty by his wife Kalyani (petitioner No.3), mother-in-law Maya Devi (petitioner No.1), brother-in-law (sala) Bhola Sikarwar, and the wife’s friend P.K. Goyal, which compelled him to commit suicide. During inspection of the deceased’s room at Bharoli Tiraha in the presence of his father, mother, and brother, a diary labelled “Dr. Fixit Mono”, certain documents, and a locked Apple mobile phone were recovered. The mobile was found to be non-functional, and the documents, upon request, were returned to the family. However, examination of the diary revealed entries appearing to be a suicide note on the pages dated 19– 20 May 2017, bearing the handwritten English signature of “Bhanu Pratap Singh Chauhan”. In the note, the deceased attributed responsibility for his suicide to his wife Kalyani (petitioner No.3), his mother-in-law Maya Devi (petitioner No.1), his brother-in-law Bhola Sikarwar, and his wife’s friend P.K. Goya (petitoiner No.4), alleging persistent harassment and disputes. The diary was seized as material evidence.

The Investigating Officer repeatedly directed the father and brother of the deceased to provide specimen handwriting for comparison with the suspected suicide note; however, despite several attempts, they did not cooperate, causing delay in completion of the marg inquiry.

The post-mortem report, viscera seizure memo, and sealed viscera samples were received on 26.11.2024. The post-mortem report records that “death was due to cardio-respiratory failure; the findings suggest poisoning”.

The viscera was forwarded to FSL for chemical analysis.

On the basis of statements of witnesses, recovery of the diary containing the suicide note, post-mortem findings suggestive of poisoning, and other material collected during marg inquiry, the Investigating Officer concluded that Bhanu Pratap committed suicide after being harassed, tortured, and instigated by the accused persons, namely Kalyani (wife), Maya Devi (mother-in-law), Bhola Sikarwar (brother-in-law), and P.K. Goyal (friend of the wife)[petitoner No.4]. On the basis of such a