Court No. - 53
Case :- APPLICATION U/S 482 No. - 19668 of 2018 Applicant :- Smt. Munni Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satish Chandra Singh,Sharad Chandra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Satish Chandra Singh, learned counsel for the applicant and Sri Nitin Kesharwani, learned A.G.A. for the State.
This is an application under Section 482 Cr.P.C. seeking to quash the impugned charge sheet giving rise to Case No.12941 of 2018, State Vs. Vinod Singh @ Kukku Singh and others (arising out of Case Crime no.218 of 2017), under Sections 498A, 304B, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Gwaltoli, District Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar.
It is submitted that the applicant is the mother-in-law of the deceased Mahima Devi, in connection with whose death a case under Section 304-B IPC, amongst others, has been registered, roping in the entire family on general allegations. It is submitted that so far as the applicant is concerned, the charge sheet shows general allegations with no specific role being assigned. It is also submitted that the applicant was granted a stay of arrest pending investigation by this Court and there is no evidence appearing against her in the case diary; a charge sheet has been filed against her on account of the fact alone that she is the mother-in-law. The cause of death is asphyxia due to ante-mortem hanging, which shows it to be a case of suicide, where the applicant has had no role to play.
The learned A.G.A. has opposed the motion to admit this application to hearing. It is pointed out that the applicant is the mother-in-law and the senior most female relative in the matrimonial home, who bears a special and high order of responsibility for security of the daughter-in-law. It is pointed out that the complicity of the applicant has been found during investigation by the police, on account of which a charge sheet has been filed. It is further pointed out that it has been established for a fact that the deceased died an unnatural death in her matrimonial home within seven years of the marriage with a background of dowry demand, one of the offences and in fact charge sheet being submitted under Section 304B IPC, where burden of proof is reversed by virtue of Section 113 of the Indian Evidence Act. The applicant, who is the mother-in-law, is not entitled to ask for quashing of proceedings as against her.
This Court has given an anxious consideration to the matter. The offence is a heinous one and there is no doubt the deceased has met an unnatural death in her matrimonial home within seven years of the marriage with a background of dowry demand. There is material collected in the case diary, on the basis of which a charge sheet has been filed.
In the above circumstances, no case for interference with the impugned charge sheet is made out.
The application is fails and is accordingly dismissed.
However, looking to the fact that the applicant a lady aged about 55 years, it is provided that in case the applicant surrenders and applies for bail, her bail application shall be considered expeditiously in view of the directions of the Hon'ble Supreme Court in Hussain and others Vs. Uninion of India, AIR 2017 SC 1362.
Order Date :- 30.5.2018 Anoop/ Imroz