BHUVENSHWARI Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2021-3-44
HIGH COURT OF UTTARAKHAND
Decided on March 22,2021

Bhuvenshwari Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

N.S. Dhanik,J. - (1.)By means of this application under Section 482 Cr.P.C., applicant has prayed for quashing the charge-sheet and summoning order dated 15.07.2019 passed by learned Chief Judicial Magistrate, Pithoragarh in Criminal Case No. 536 of 2019, "State vs. Bhuvneshwari Devi", under Section 304-B & 498-A of IPC, registered at P.S. Kotwali Pithoragarh, District Pithoragarh.
(2.)Facts, in brief, are that on 15.04.2019 respondent no. 2 (Krishnand Bhatt) lodged an F.I.R. against the husband of the deceased stating therein that on 15.04.2019 the son-in-law of the respondent no. 2 informed him that the daughter of the respondent no. 2 had consumed the tablet of Disprin and thereafter became faint. She was brought to the hospital where the Doctors declared her dead. In the FIR, it is also stated that the respondent no. 2 had apprehension that the death of his daughter is unnatural because the behavior of the mother-inlaw with the deceased was not good and the statement of the husband of the deceased was also contradictory.
(3.)Pursuant to the FIR lodged by the respondent no. 2, investigation was made and police submitted the charge-sheet against the husband and mother-in-law of the deceased and during the investigation, it was revealed that the co-accused, namely, Naveen Kapri (husband of the deceased) committed suicide on 17.04.2019. Thereafter, the Court below has summoned the applicant to face trial for the aforementioned offences.


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