LexAJAY KUMAR DAS versus STATE OF JHARKHAND & ANR.
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[2011) 11 S.C.R. 197 AJAY KUMAR DAS · v. STATE OF JHARKHAND & ANR. (Criminal Appeal no. 1735 of 2011) SEPTEMBER 6, 2011. [DR. MUKUNDAKAM SHARMA AND ANIL R. DAVE, JJ.] CODE OF CRIMINAL PROCEDURE, 1973; s. 482 .:.. Petition seeking to quash criminal proceedings - Death of wife of appellant - FIR 'by father of deceased that her father-in-law and mother-in-law after talking to the appellant pushed the victim into a well - Charge sheet for an A B c . offence punishable uls 304-8134 /PC filed in the case - 0 · · Pe~ion filed by the husband seeking to quash the prpceedings on the ground that no case was made out against him, dismissed by High Court - Held: The allegations made in the complaint and the FIR are required to be looked into - Charge-sheet has been filed against the appellant also E holding that a case uls 304-B /PC is made out - Appellant will have sufficient opportunity to place his case before the court at the time of framing of the charge - At this stage no case is made out to quash the entire proceedings - Penal Code, 1860 - s. 304-8134. The father of the deceased filed a first information report stating that his daughter was tortured by her father-In-law and mother-In-law for dowry and on 29.9.2006, after talking to the appellant, the husband of F the deceased, on telephone, they caused her death. After G the charge-sheet for an offence punishable u/s 304-B read with s. 34 IPC had been filed, the appellant filed a petition u/s 482 Cr.P.C. seeking to quash the proceedings on the ground that no case u/s 304-B IPC was made out 197 H 198 SUPREME COURT REPORTS [2011] 11 S.C.R. A against him. The High Court dismissed the petition. Aggrieved, the husband of the deceased filed the appeal. Dismissing the appeal, the Court HELD: 1.1. In the First Information Report, there is an B allegation that the two other accused persons, namely, the parents of the appellant, on the fateful day after talking to him over telephone, in a pre-determined manner killed the informant's daughter by pushing her into a well. The said allegation is sought to be countered by referring C to a document dated 19-11-2006 issued by the Commanding Officer to the appellant. In the said note, which was sent to the Superintendent of Police, it is mentioned that as per the statement of the appellant, his wife (the deceased) fell inside the well. The aforesaid D document is in the nature of a defence and could be looked into by the court concerned at the appropriate stage. He also referred to some of the statements made in the case diary to justify the stand that no case against the appellant is made out. At this stage, the allegations E made in the complaint and in the First Information Report are required to be looked into. [para 11) [204-B-F] State of Haryana v. Bhajan Lal 1990 (3) Suppl. SCR 259 = 1992 Suppl. 1 SCC 335; Shanti & Another v. State of Haryana 1990 (2) Suppl. SCR 675 =AIR 1991 SC 1226; F Mahbub Shah v. King Emperor(1945) 72 Indian Appeals 148; Bengai Manda/ alias Begai Manda/ v. State of Bihar 2010 (1) SCR 439 = (2010) 2 SCC 91 - referred to. 1.2. The records reveal that there was a demand for G giving cows, motor cycle and other goods. All these allegations will have to be dealt with by the court at different stages for which liberty would be available to the appellant. This is not the stage when the court would make an inquiry into the factual position to find out as to H AJAY KUMAR DAS v. STATE OF JHARKHAND & 199 ANR. whether or not the appellant is guilty of the charges or A not. The appellant will have sufficient opportunity to place his entire case before the court at the time of framing of the charge since charge sheet has already been filed against the appellant also holding that a case u/s 3048 and s. 34 is made out. On a reading of the First s Information Report and the materials that are available in the case file of the appellant, this Court is of the considered opinion that no case is made out so as to quash the entire proceeding. The appellant is at liberty to raise all his defence as may be available to him in c accordance with law at the time of framing of the charge and at that stage the court shall consider the material on record as also the contentions raised by the appellant in proper perspective and decide the matter in accordance with law. [para 12] [204-G-H; 205-A-D] Case Law Referene: 1990 (3) Suppl. SCR 259 refe
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