IN THE MATTER OF:- UDIT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Petitioner seeks quash of the charge-sheet arising from Crime No.1306/2017 registered at Police Station Kolgawan, district Satna, on 29.12.2017, for the offences punishable under sections 498-A and 304-B IPC. FIR has been registered by the CSP Satna upon the statements made by Mrs. Rekha Singh, Wife of Yadvendra Singh Parihar, who is mother of the deceased and Mrs. Shyama Devi, who is grandmother of the deceased. From their statements, it was disclosed to the police that the deceased Mrs. Prerna Singh used to be assaulted and harassed by her husband Udit Singh, the Petitioner herein, for non-fulfilment of dowry demand and on 4.12.2017 in the afternoon around 2:30 p.m., the deceased had gone with her mother Mrs. Rekha Singh to Sun Sign Hotel at Satna to attend a marriage function. At that time, it is alleged that there was a call on the mobile of Mrs. Rekha Singh from the Petitioner and she had handed over her phone to the deceased to speak with the Petitioner. The mother of the deceased further states that in the course of conversation, the deceased went to the terrace of the hotel and on account of the harassment by the Petitioner, jumped from the terrace and committed suicide. The mother of the deceased is Respondent No.2 herein. Post investigation, the police has filed its charge-sheet against the Petitioner on 11.3.2018. The police have charged him with offences punishable under sections 304-B and 498-A IPC.

(2.) The brief facts of the case are as follows: The marriage of the deceased was solemnized with the Petitioner on 12.12.2014. Between 12.12.2014 and 4.12.2017 (the date of incident), the Petitioner states that the deceased entered into an extra-marital relationship with one Prashant Singh. The fact about the illicit relationship came to be revealed to the Petitioner and the family members of the deceased and the contention of the Petitioner is that on account of guilt and fear of infamy, Mrs. Prerna Singh took the extreme step of ending her life by committing suicide.

(3.) The Petitioner further states that his marriage with the deceased was an arranged marriage which was solemnized with the consent of both the families and that there was never any demand of dowry by the Petitioner and neither did he receive any. It is further submitted by the Petitioner that after the marriage, the deceased stayed with the Petitioner for some days and went to her parental home at Satna, as per the prevalent traditions and customs. The Petitioner further states that he is an officer in the Indian Air Force and as such the deceased used to live more often than not, with her parents at Satna and that during the period of around three years of marriage, the deceased did not live with the Petitioner for more than three to four months.