Smt. Madhavi Devi & Others vs State Of Uttarakhand & Others.

Lok Pal Singh, J.

Since the controversy involved in these writ petitions are same, they are being decided by this common judgment and order.

By means of present writ petitions, the petitioners seek to quash the impugned F.I.R. No.0008 of 2018 dated 10.09.2018 lodged by respondent no.3 with the Police Station Jhiroli, District Bageshwar, under Sections 323, 504, 498A, 120-B and 302 of IPC.

As per the averments made in the First Information Report, deceased Neema Joshi got married with Rajendra Joshi (petitioner in WPCRL No.1892 of 2018) on 30.01.2005 as per Hindu rituals wherein the complainant gave dowry as per his status. After the marriage, many a time the deceased was subjected to cruelty by the petitioners, whereafter she came to her parental house. Thereafter, on the request of the petitioners, the deceased went to her matrimonial house but their cruel behaviour did not change. On 12. 08.2018, an affidavit was given by the petitioners to the effect that the petitioners will not harass the deceased and will give love and affection to her whereupon the deceased was sent to her matrimonial house by the complainant. On 09.09.2018 at about 02:50 pm, Village Pradhan of Village Aavigarh informed him on telephone that his daughter has been taken to the hospital in a very serious condition. On receiving this information, when the complainant reached at the hospital he found his daughter dead. Complainant alleged that there were signs of injury on the body of the deceased and the petitioners have committed murdered of his daughter by administering some poisonous substance to her.

Learned counsel for the petitioners would contend that the petitioners have been falsely implicated in the instant case. He would further contend that the deceased had herself consumed poison and no one compelled her do so.

By way of different misc. applications, progress report has been filed on behalf of Investigating Officer in WPCRL No.1891 of 2018 and 1892 of 2018, wherein it is stated that during the course of investigation, the Investigating Officer has deleted Sections 323, 504, 120-B and 302 IPC and has converted the crime into section 498A and 306 IPC because no clinching evidence was found against the accused persons as the deceased has consumed the poison (Organo Phosphorous) as established by the FSL report. It is also stated that during the course of investigation, a suicide note was found and on examination by Forensic Science Laboratory, Dehradun, it has been established that it was written by the deceased herself.

In WPCRL No.1778 of 2018, an affidavit has been filed by the Investigating Officer indicating that during the course of investigation, no evidence was collected against the petitioners, hence, their names have been exonerated from the investigation.

I have heard learned counsel for the parties and have gone through the entire material available on record.

In the progress report, it is stated by the Investigating Officer that during the course of investigation, a suicide note was found which was sent to FSL, Dehradun for examination. On examination, the veracity of the suicide note has been confirmed and it has been established that the same was written by the deceased. The typed version of the suicide note which has been annexed with the progress report, is as under:

"eSa uhek tks'kh viuh ftUnxh ls rax vk pqdh gw¡ ;s xe Hkjh ftUnxh thuk vc esjs cl es a ugha gSA eSa viuh ftUnxh ls gkj pqdh gw¡A blesa fdlh dk dksbZ nks'k ugha gSA ;s rwQkuksa esa thus dk dksbZ "kkSd ugha gSA blfy, tgj [kkdj viuh ftUnxh dks ges'kk ds fy, [kRe dj jgh gw¡A blesa uk rks esjs ek;ds okyksa dk nks"k gSA uk rks llqjky okyksa dk ;s esjh ethZ gSA blfy, fdlh dks dqN Hkh ugha gksuk pkfg,A

esjs ejus ds ckn fdlh dks dqN ugha gksuk pkfg, blesa fdlh dk dksbZ nks"k ugha gSA lc yksx eq>s cgqr vPNk ekurs gSA eSa gh viuh ftUnxh ls r ax vk pqdh g¡A vc ;s ftUnxh thuk esjs cl esa ugh gSA vxj fdlh us esjs ek;ds ;k lqljky okyks ds f[kykQ dqN dgk rks eq>s ejus ds ckn Hkh pSu ugha feysxkA blfy, lc ykskxk s ls gkFk tksM+dj izkFkZuk djrh gw¡ fd fdlh dk blesa dksbZ nks'k ugh a gSA eq>s viuh ftUnxh gh ugha thuh gSA ;s ftUnxh ls eSa NqVdkjk pkgrh gw¡AÞ

Having perused the substance of the suicide note and the averments made in the FIR, it would reveal that there is absolutely nothing in this suicide note or the FIR which would even distantly be viewed as an offence much less under Section 306, IPC. For constituting an offence u/s 306 of IPC, there must be an allegation that the accused had instigated the deceased to commit suicide or secondly, had engaged with some other person in a conspiracy or lastly, that the accused had in any way aided any act or illegal omission to bring about the suicide. However, in the present case, this Court could not find anything in the FIR or in the suicide note which could be suggested as abetment to commit suicide. The deceased has not blamed anyone for her suicide. It is specifically written by the deceased in the suicide note that she wants to get rid of her life and no one is responsible for the said act. As regard to the allegation made in the FIR with respect to offence punishable under Section 498-A, the same are vague and not specific. There is no whisper in the suicide note about any harassment committed by the petitioners with the deceased.

In the light of aforesaid, it is clear as crystal that there is no prima facie case, as against the petitioners, as such the continuance of the proceedings, as against the petitioners would clearly amount to abuse of process of the Court and would definitely result in miscarriage of justice. Therefore, the impugned FIR is liable to be quashed.

Consequently, writ petitions are allowed. Impugned F.I.R. No.0008 of 2018 dated 10.09.2018 registered with the Police Station Jhiroli, District Bageshwar, is hereby quashed, qua the petitioners.

No order as to costs.