PUJA GURJAR Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2018-10-73
HIGH COURT OF MADHYA PRADESH (FROM: GWALIOR)
Decided on October 27,2018

Puja Gurjar Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

SHEEL NAGU, J. - (1.)Petitioner who is the sister-in-law (Nanad) of the deceased Reena who died due to head injury, has filed the instant petition before this court seeking quashment of the prosecution launched by the father of the deceased in which four persons including the petitioner who are alleged as accused in connection with offence punishable u/Ss. 304-B and 302 read with 34 IPC in respect of incident which took place on 21/11/2016 at about 12 noon in regard to which FIR was lodged on 21/11/2016 itself at police station Maharajpura District Gwalior (M.P.).
(2.)Learned counsel for the rival parties are heard on the question of admission and as well as final hearing
(3.)Learned counsel for the petitioner primarily submits that a bare perusal of the allegations contained in the FIR and as well as other supportive material collected by the prosecution in the charge-sheet are vague and non-specific and did not contain specific basic fundamental ingredients of offence punishable u/S. 304-B and 302/34 IPC. It is further submitted that the petitioner got married in 2009 (about 7 years before the incident) and is staying away at Ahmadnagar with her husband who is member of the Armed Forces and thus was staying elsewhere than the matrimonial home of the deceased. It is submitted that the petitioner merely for being sister- in-law of deceased has been roped in the present impugned prosecution.


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