Code of Criminal Procedure, 1973 - s.482 - Quashing
of proceedings -Scope - Death of married woman -
C Complaint by deceased's father -Magistrate summoned the
accused-husband and in-laws and committed the case to the
Court of Sessions - Sessions Judge discharged the accused-
appellants - High Court quashed the discharge order -
Justification - Held: On facts, not justified - Post-mortem
report, the Central Forensic Science Laboratory's report, as
a/so the inquest report, sufficient to exculpate the appellants
from the a/legations levelled in the complaint - Merely
because the body of the deceased wife had fumed blue, not
a sufficient basis to infer that she had been poisoned to, death - Respondent-complainant himself was uncertain about the
manner in which his daughter had allegedly died ~
Respondent had continued to represent before the SDM,
Delhi, that he would produce the mother of the deceased, who
knew the facts best of all - Despite that, the mother of the deceased did not appear in the inquest proceedings to record
her statement - Telephone bills and other documentary
evidence demonstrated that contrary to the allegations made
in the complaint, relationship between the two families was
cordial and affectionate even at the time of the illness of the
wife - The matter needed to have been evaluated, on the basis of one of the parameters laid down in Bhajan Lal case,
namely, whether the criminal proceedings initiated by
respondent-complainant were actuated by malice and ulterior
motive for wreaking vengeance on the accused with a view despite him due to some private/personal grudge - Judicial
conscience of the High Court ought to have persuaded it, on
the basis of the material examined by it, to quash the criminal
proceedings initiated against the appellants-accused -
Criminal proceedings against appellants-accused accordingly
set aside - Penal Code, 1860 - ss.498A, 3048 r/w s.120-8.
A
B
Code of Criminal Procedure, 1973 - s.482 - Jurisdiction
of the High Court u/s.482, if it chooses to quash the initiation
of the prosecution against an accused, at the stage of issuing
process, or at the stage of committal, or even at the stage of framing of charges - Discussed - Steps delineated to determine the veracity of a prayer for quashing, raised by an
accused by invoking the power vested in the High Court u/s.482.
The wife of appellant no.1 had two bouts of illness. In the first episode, she was diagnosed as suffering from
Malaria. She was treated for the same and discharged.
Thereafter, she was diagnosed with a large hole in her
heart, on the basis of an echo-cardiography. While at a
hospital at Surat, she died of a massive heart attack. The body of the deceased was transported by rail to Delhi.
The immediate family of appellant no.1 's wife including
her father (respondent) were present at the time of arrival
of the body at Delhi.
The respondent filed a criminal complaint before the
Metropolitan Magistrate, Delhi alleging unnatural death of his daughter, by poisoning. Based on the statements
made by the respondent-complainant and his son, the
Metropolitan Magistrate, Delhi, summoned the accused husband and in-laws and having formed an opinion, that there was sufficient material to proceed against the
accused under Sections 498, 496, 3048 read with
Sections 120-B of IPC, committed the case to the Court
of Sessions. The Additional Sessions Judge, Delhi concluded, that no prima facie case was made out against
the appellants/accused either under Section 3048 of IPC
or under Section 498 IPC and accordingly discharged the
appellants/accused. Dissatisfied, the respondent complainant filed Criminal Revision Petition -in the High Court which set aside the order passed by the Additional
Sessions Judge, Delhi, and therefore the instant appeal.