Sudhir Agarwal - (1.) Heard Sri Vikrant Rana, learned counsel for applicant, learned A.G.A. for State of U.P. and perused the record.
(2.) Applicant has invoked jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") with a prayer to quash charge sheet no.6 dated 26.7.2003 under Section 306 of Indian Penal Code, 1860 (hereinafter referred to as "IPC") in Criminal Case No.1647 of 2003 (State Vs. Neeraj Pal).
(3.) Brief facts relevant for adjudication of this application are that a First Information Report (hereinafter referred to as "FIR") being Case Crime No.507 of 2000 under Section 328, 302 IPC was registered at Police Station Transport Nagar, Meerut by Informant Rajbir Singh alleging that his daughter Km. Sarika was studying at Kishan Institute, Delhi Road. The accused Neeraj Pal son of Harish Pal (Former Member of Parliament) made false promise of marriage and made relation with her but subsequently retracted. Km. Sarika protested and inquired from the accused as to why he made false promise whereupon accused forcibly put in her mouth tablet of Sulphas as a result whereof she died in the morning at 3:30. Before death, dying declaration of Km. Sarika was also recorded in which she admitted of having taken poison herself when accused refused to marry her. In view thereof Police, after conducting investigation, submitted charge sheet under Section 306 IPC.;