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Judgment
This application has been filed under Section 482 of Cr.P.C. for quashing the FIR registered against the applicants in Crime No.163/2015 at Police Station, Civil Lines, District Chattarpur under Section 306/34 of IPC and proceedings of ST No.213/2016 pending before II ASJ, Chhatarpur.
Admitted facts are that the applicant no.1 is the husband and applicant no.2 is father-in-law of deceased Smt. Neelam Tripathi. Marriage between deceased Neelam and applicant no.1 solemnized on 18.02.2006.
Brief facts of the applicant''s case are that prior to the marriage deceased Neelam was suffering from allergic problems and pain. Therefore, she was residing with her parents and was being medically treated by Dr. Pathoriya. After one year 4 months of the death of Neelam in FSL examination, Zinc Phosphate was found in her Viscera report. Police lodged FIR against the applicants on the basis of complaint lodged by respondent No.2, father of deceased Neelam. It is alleged that applicant No.1 used to harrass and torture deceased Neelam. Charge-sheet has been filed under Section 306 of IPC before the Court of CJM, Chhatarpur.
According to the applicants, Neelam died natural death or she might have herself consumed any poisonous substance in her parental home. The ingredients of Section 107 of IPC is missing in the present case. Applicants have been falsely implicated by the father of the deceased. On the above grounds, the applicants prayed to quash the FIR and Court proceedings of Session Trial No.213/2016 pending in the Court of IInd ASJ, Chhatarpur.
Learned counsel for the applicants placed reliance on Manoj Kumar Shrivastava & others Vs. State of M.P., 2008 1 MPWN 26.
Prayer of the applicants is vehemently opposed by the learned Panel Lawyer appearing for the State.
Heard. Perused the record.
The contentions made by learned counsel for the applicants are not acceptable at this stage. It is a matter of evidence.
According to applicant''s the deceased was suffering from pain and hospitalized for treatment at the Hospital of Vikas Shrivastava. Several check ups were conducted by doctors and specialist but the life of deceased could not be saved. Poisonous substance Zinc Phosphate was found in her Viscera report.
In view of the aforesaid, taking note of the entire facts of the case and there is no evidence, available on record which may show that the applicants were in any way falsely implicated. At this stage, prime facie, it cannot be said that the complainant is baseless and frivolous and applicants are falsely implicated in the crime. Contentions made in the FIR is matter of evidence. Hence, this petition is dismissed.