Rajni Sharma vs The State of Madhya Pradesh

N.K. Gupta, J.—Heard the learned counsel for the parties. The applicants have moved the present petition u/s 482 of Cr.P.C. to quash the proceedings of Crime No. 417/12 registered at Police Station Obedullaganj, District Raisen for the offences punishable under Sections 306/34 of IPC.

The facts of the case, in short are that, there was an allegation against the applicants that they were taking the forcefully possession of one house. The house was locked and the deceased Phoolwati threatened them that, if forcefully possession was taken then, she would commit suicide. However, thereafter Phoolwati gave a suicidal note that she was set on fire by the applicants. Initially, a case for the offence punishable under Sections 302 & 307 of IPC was registered and thereafter, it was converted into the offence punishable u/s 309 of IPC. After the death of the deceased Phoolwati, a case was registered for the offence punishable under Sections 306/34 of IPC.

After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, prima facie, it is highly doubtful that the deceased Phoolwati committed suicide or not. Learned counsel for the objector has submitted that a murder was caused by the applicants. However, in the investigation, it could not be found that the applicants set the deceased Phoolwati on fire. Under such circumstances, it is not a case of suicide according to the objector himself.

Secondly, there was no relation of the applicants with the deceased so that the presumption u/s 113A of the Evidence Act may apply in the present case. It is alleged that the deceased gave a threat that if the applicants would take the forcefully possession of the property, then, she would commit suicide. However, if the applicants would have taken the forcefully possession of the property then, it was for the objector and other relatives of the deceased to take an appropriate legal steps against the activity of the applicants. It is not a solution that one could commit suicide in the protest of that forcefully possession of the property. Under such circumstances, the overt acts of the applicants do not fall within the purview of Section 107 of IPC and therefore prima facie, no offence punishable u/s 306 of IPC is made out against the applicants. The police could have registered a case against the applicants for their crime that they took the forcefully possession of the property and thereafter, a case could be registered accordingly but, no case for the offence u/s 306 of IPC could be registered against the applicants. Hence, it is a fit case, where the FIR lodged against the applicants for the offence punishable u/s 306 of IPC may be quashed.

On the basis of aforesaid discussion, the petition u/s 482 of Cr.P.C. filed by the applicants namely Rajni Sharma, Smt. Sunita Sharma, Mathura Bai and Atar Singh is hereby allowed. The FIR relating to Crime No. 417/12 registered at Police Station Obedullaganj, District Raisen for the offence u/s 306 of IPC is hereby quashed. However, if the police finds any other offence against the applicants then, it may proceed further. Copy of the order be sent to the C.J.M. concerned, so that it may be provided to the Police.