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PETITIONER: SMT. ANITA AND ORS.  MRS. MOHINI @ JYOTI

       Vs.

RESPONDENT: STATE OF MADHYA PRADESH

DATE OF JUDGMENT:       08/04/1997

BENCH: M.K. MUKHERJEE, S.P. KURDUKAR

ACT:

HEADNOTE:

JUDGMENT:                           W I T H CRIMINAL APPEAL NO. 401 OF 1997 (arising out of special leave petition (crl.) No. 1195 of 1997)                       J U D G M E N T S.P. KURDUKAR, J. Leave granted. 2.   These two  criminal appeals arise out of an order dated 8th July,  1996 in  C.R. No.  159 of 1996 passed by the High court of  Madhya Pradesh, Indore Bench and , Therefore, they are being disposed of by this judgment. 3.   One Raj  Kumar son  of Siri Chand was married to Deep @ Sonia (since  deceased )  on 15th February, 1994. On June 1, 1994, Deepa  alleged to  have committed suicide and died due to asphyxia.  On the  very same  day, Mohini  @ Jyoti    the mother of  Deepa lodged  a complaint with the police station Juni, Indore  alleging harassment to her daughter and demand of dowry.  An F.I.R  was lodged  against Siri  Chand  Bajaj, Naresh Bajaj,  Kavita, Mohan,  Meera Usha,  Anita, Raj Kumar and krishna  @ Pushpa.  It is  alleged in the complaint that the nine  accuse persons  who are  members of  the  in-laws’ family of Deepa were harassing and torturing her (Deepa) for bringing a  car and  gifts in  dowry. it  is because of this harassment Deepa  hanged herself  and as  a result  thereof, where died  due to  asphyxia. it  is further  alleged in the complaint that  all these  accused persons have committed an offence  punishable  under  sections  304-B/498A/34  of  the Indian penal  code. After  completing the  investigation,  a charge sheet  came to  be filed against these accused person in the  court of  C.J.M ,  Indore, who committed the case to the court  of session for trial. The XIth Add1. Session case no. 97  of 1995  framed charged  on 10th April, 1996 against all the accused for offences punishable under section 304-B, 498A/34 of  the Indian  penal code.  Except Raj Kumar son of Siri Chand,  remaining eight  accused persons filed revision petition before  the High court against the order of framing of charges.  The learned single Judge of the High court vide its judgment  and order  dated 28th July, 1996 held that the charge framed  against all  the accused  persons except Siri Chand Bajaj (father-in-law of Deepa) did not suffer from any

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illegality. consequently,  the High court quashed the charge against Siri  Chand son  of Nagu  Mal and directed the trial court to proceed against other accused persons in accordance with law.  It is against this order passed by the High court seven petitioners  filed the  special Leave  petition before this court.  This court  vide its  order dated 2nd December, 1996 dismissed  the special  Leave petition  of fort accused persons namely  Naresh Bajaj,  Mohini  Bajaj,  Chand  Bajaj, Kavita Bajaj and Pushpa Bajaj. However, notice was issued in respect of  three  petitioners,  namely  Anita  w/o  Vasudev Vathwani, Usha w/o Gopal Vachwani and Meera W/o Ramesh Bajaj (petitioners Nos. 5, 6 and 7). 4.   Smt. Mohini  @ Jyoti  the mother  of Deepa  @ Sonia has also filed a S.L.P against the order of the High court dated 28th July,  1996 whereby  the charge  against Siri Chand s/o Nagu Mal  (the father-in-law of Deepa) was quashed. there is delay in  filing SLP  and it  is condoned.  This is how both these appeals  arise out  of the order dated 28th July, 1996 passed by the High court . 5.   We heard  the learned  counsel for  the parties as also the standing  counsel for  the state  of Madhya  Pradesh. We have very  carefully perused the record and on such perusal, we are  of the  considered view that the materials appearing thereon is  not  sufficient  for  proceeding  against  these appellants for  the charge framed against them under section 304-B, 498A/34  of the  Indian penal code. Resultantly, Usha w/o Gopal  Vachwani and  Meera w/o  Ramesh Bajaj shall stand discharged. 6.   Coming to  criminal Appeal filed by Smt. Mohini @ Jyoti we are  of the  option  that  the  learned  High  court  has committed no error in quashing the charge against Siri Chand S/o Nagu Mal Bajaj, the father-in-low of Deepa. 7.   In  the  result,  the  criminal  Appeal  filed  by  the appellants Anita.  Usha and  Meera is  allowed and the order passed by  the courts  below framing  charge against them is quashed and  set aside  and they  are  discharged.  criminal appeal filed by Smt. Mohini is dismissed.