Order On Board

5.9.2016

1. The present Petition has been filed by the Petitioners seeking for quashment of the charge sheet dated 18.3.2015 filed by the Petitioners for the offence punishable under Section 306/34 IPC and also for quashment of the Sessions Trial No.42/2015 wherein the present Petitioners are prosecuted for the offence referred to above.

2. The relevant facts for adjudication of the present Petition are that the marriage of Petitioner No.1 was performed with one Mukesh Rathore on

28.4.2009. After sometime of the married life, the relations between the two got strained and it is alleged that Petitioner No.1 was being subjected to ill- treatment, cruelty and harassment and also mental and physical torture by her in-laws. When the harassment and torture being made by the in-laws of Petitioner No.1 became unbearable, she lodged a complaint before the police authorities in this regard and initially, there was a counselling held between the parties after which, the matter was settled there and Petitioner No.1 went back again and started staying at her matrimonial home.

3. After sometime, the dispute again arose and the allegations again were leveled by Petitioner No.1 and it is alleged that she was again ousted from the matrimonial home and then she again lodged a complaint before the PS Balco Nagar vide Crime No.288/2014 who registered an FIR against the in- laws of Petitioner No.1 for the offence punishable under Section 498-A/34 IPC. Immediately after the registration of the said FIR, the in-laws of Petitioner No.1 namely Balram Rathore - father-in-law, Smt Rajkumari Rathore - mother-in-law and Ku. Nisha Rathore – sister-in-law had approached the Court below for grant of anticipatory bail. However, the Court below, vide order dated 25.8.2014, rejected the application for grant of anticipatory bail.

4. Upon the anticipatory bail being rejected, the father-in-law - Balram Rathore, apprehending his arrest and humiliation that would follow, committed suicide by consuming poison at the house of his brother namely Shivram Rathore who stays in a different village i.e. at Village Mudhali, District Korba. Thereafter, FIR was lodged on the same day against Petitioner No.1 Smt Nandani Rathore and the body was also sent for postmortem and the doctor who conducted the postmortem i.e. Dr. RK. Divya, gave a report that the mode of death was asphyxia due to poisoning. That later on when the charge sheet was filed, the police authorities also made the other Petitioners apart from Petitioner No.1 i.e. the father of Petitioner No.1 i.e. Petitioner No.2- Ramu Rathore, the mother of Petitioner No.1-Chameli Bai-Petitioner No.3 and brother of Petitioner No.1-Narendra Rathore -Petitioner No.4 as accused persons in the instant case. The matter was later committed to the Sessions Court where it was registered as Sessions Trial No.42/2015 and the matter was put to trial before the Additional Sessions Judge, Khatgora, District Korba where the trial is still going on.

5. Learned Counsel for the Petitioners assailing the entire criminal prosecution initiated by the police and committal of trial before the Sessions Court, submits that the Court below has miserably failed to consider the fact that for the purpose of framing of charge under Section 306 IPC, the necessary ingredient required that of abetment as per Section 107 IPC mandatorily required is not available.

6. The Court has duly ignored this aspect to find out as to what is the abetment, instigation or incitement on the part of the Petitioners which led to the deceased Balram Rathore commit suicide by consuming poison on 26.8.2014. According to the Petitioners, the only allegation against them is that they firstly have falsely implicated the deceased and the other in-laws of Petitioner No.1 in a case under Section 498/34 IPC and secondly, the Petitioners jointly have been threatening the in-laws of Petitioner No.1 of dire consequences on the ground of the alleged cruelty, torture and ill-trea