JAMUNA AGARWAL; BHARAT Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Jamuna Agarwal; Bharat
State of Uttarakhand and another
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(1.) Since the above noted applications under Section 482 Cr.P.C. arise out of the same charge-sheet, therefore, they are being decided by this common judgment and order for the sake of brevity.
(2.) The applicants, by means of present petitions/applications moved under Section 482 Cr.P.C., seek to quash the entire proceeding of Criminal Case No. 54 of 2010, State vs. Jamuna Agarwal and another, under Section 306 IPC, pending before the Judicial Magistrate, Haridwar.
(3.) Informant-respondent no. 2 lodged a first information report on 07.10.2008 at PS Kankhal, district Haridwar against Smt. Jamuna and Bharat (present applicants), which was registered as case crime no. 160 of 2008, under Section 306 IPC. The incident allegedly took place on 01.10.2008. Suresh Agarwal (deceased) was the brother of the informant/respondent no. 2.
It was alleged that Smt. Jamuna Agarwal wife of Suresh Agarwal had illicit relations with some person. The husband and wife quarreled over the same. Husband Suresh used to remain perturbed. A few days ago, Jamuna went to somewhere without the consent of her husband. An altercation took place between the couple over the same. Jamuna's brother-in-law (jija) Bharat was present at the time of altercation. Jamuna told her husband that she will remain as such (she will not change). In other words, she told her husband that she will not bother if he dies. Suresh Agarwal poured kerosene oil on him and went outside to take match box. He set himself on fire.
The informant and her son-in-law tried to save Suresh. Bharat and Laxmi took Suresh to hospital. Injured was referred to Jauli Grant Hospital. He was taken to Safdarjang Hospital, where he died on 06.10.2008. It was the allegation against the accused-applicants that they abetted in the commission of suicide by Suresh Agarwal.;
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