Madhya Pradesh High Court
Surendra Kumar Bharadwaj vs The State Of Madhya Pradesh on 29 April, 2016
Mcrc.9367.2014
Surendra Kumar Bhardwaj Vs. State of Madhya Pradesh
29.04.2016
Shri R.S. Tomar, counsel for the applicant.
Shri Mohd. Irshad, Panel Lawyer, for the
respondent/State.
Heard on admission.
The applicant has preferred the present petition under Section 482 of the Code of Criminal Procedure to quash the registration of Crime No.30/2014 registered at Police Station Bahodapur, District Gwalior (M.P.).
According to the prosecution, after due enquiry an FIR was registered on 11.01.2014 that on 05.11.2010 one Sheetal Sharma had committed suicide. Her dying declaration was recorded by the Naib Tahsildar Shri N.C. Gupta and on enquiry it was found that the marriage of the deceased was settled with the applicant but thereafter he started demand of dowry. It was also informed that the applicant was habitual drunkard and therefore the settlement of marriage was discarded by the parents of the deceased Sheetal Sharma. Thereafter, the applicant gave a threat that he will manage so that no marriage of the deceased shall take place with anyone. He defamed the deceased amongst the the persons of the locality that she had illicit relations with so many persons and ultimately she committed suicide.
Mcrc.9367.2014 Surendra Kumar Bhardwaj Vs. State of Madhya Pradesh After considering the submissions made by the learned counsel for the parties, looking to the facts and circumstances of the case and to the evidence collected by the prosecution, as per the dying declaration given by the deceased Sheetal Sharma, prima facie, it appears that the applicant made so much defamation of the deceased Sheetal Sharma that she was not in a position to show her face before the persons of her community and hence she had no other option except to commit suicide.
Under these circumstances, prima facie, it cannot be said that no offence under Section 306 of IPC is made out against the applicant. Hence, it is not a fit case in which the FIR registered against the applicant, which was registered after enquiry, may be quashed. No inherent powers can be invoked in favour of the applicant.
Consequently, the present petition under Section 482 of Cr.P.C. filed by the applicant Surendra Kumar Bhardwaj is hereby dismissed at motion stage.
(N.K. Gupta) Judge pd