Madhya Pradesh High Court
Smt Pooja Mishra vs The State Of Madhya Pradesh on 4 March, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2025:MPHC-GWL:5232
1 M.Cr.C. No. 41888 of 2021
IN THE HIGH COURT OF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 4th OF MARCH, 2025
MISC. CRIMINAL CASE No. 41888 of 2021
SMT POOJA MISHRA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ravindra Singh Kushwah - Advocate for applicant.
Dr. Anjali Gyanani - Public Prosecutor for respondent/State.
ORDER
This application, under Section 482 of Cr.P.C, has been filed seeking
quashment of FIR in Crime No.637 of 2020 registered at Police Station Ambah,
District Morena (M.P.), as well as consequential proceedings arising out of the
said FIR, including charge sheet.
2. According to applicant, applicant is the elder sister-in-law (Jethani) of
deceased Smt. Varsha. Smt. Varsha got married to Abhishek on 04.05.2020, and
she committed suicide by hanging herself on 23.09.2020. Police recorded
statements of Surendra Sharma (father of deceased), Smt. Shivani Sharma (sister
of deceased), Harishankar Sharma (uncle of deceased), Umashankar Sharma
(independent witness), Nagendra Mishra, Deepak Mishra, Pramod Singh Parmar,
Neeraj Singh Tomar, Vishnu Tomar, Sobran Sharma, Yashpal Singh Gurjar, Sonu
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2 M.Cr.C. No. 41888 of 2021
Kushwaha, Bhogi Ram Sharma, and Kapil Singh Tomar (all independent
witnesses).
3. According to the statements of father, sister, and uncle of deceased, the
applicant and other in-laws of the deceased were scolding the deceased on the
allegation of bringing less dowry and were harassing her physically and mentally
on account of not bringing a motorcycle and gold chain in dowry. It was alleged
that although the deceased used to inform her father and other witnesses with
regard to the cruelty meted out to her, but all of them tried to convince the
deceased that with passage of time things would improve. Applicant and other in-
laws of the deceased continuously treated the deceased with cruelty on account of
non-grant of a motorcycle and gold chain, and ultimately, she committed suicide
on 23.09.2020.
4. However, the police have also filed copies of statements of Nagendra
Mishra, Deepak Mishra, Pramod Singh Parmar, Neeraj Singh Tomar, Vishnu
Tomar, Sobran Sharma, Yashpal Singh Gurjar, Sonu Kushwaha, Bhogi Ram
Sharma, and Kapil Singh Tomar. Nagendra Mishra has stated that the deceased
got married to Abhishek on 04.05.2020. After marriage, she started living in her
matrimonial house. On 03.08.2020, on account of the Shravan festival, Abhishek
went to parental home of deceased to leave her. When he came back, he informed
his father and this witness that while they were coming back after celebrating the
festival, he was waylaid by a boy who was coming on a motorcycle. The boy
informed that the deceased is his lover and they had been in a love relationship
for last 4 years. Abhishek also told that the name of the said boy was Pawan
Sharma, who also abused him. In the same night, at about 11:30 p.m., Pawan
Sharma entered the house of Shailendra (father-in-law of deceased), but
Shailendra and his family members caught hold of Pawan Sharma. After hearing
some noise, this witness also reached there. Then, Shailendra informed the father,
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uncle, and maternal uncle of the deceased on the phone that Pawan Sharma has
entered the room of the deceased without informing anybody, and he has been
caught. Then, Seth alias Anil (uncle of the deceased), Shivdatt (maternal uncle),
and Devdutt came there and requested that if the incident is narrated to anyone,
they would get defamed in society. Accordingly, it was requested that Pawan
Sharma, under the pretext of committing theft, be sent to the police station.An
information was given on Dial 100, and Pawan Sharma was taken to the police
station. A complaint was also made, and Pawan Sharma was locked up in the
police station. It was also stated by this witness that he had seen some obscene
photographs of the deceased in the mobile phone of Pawan Sharma, and thereafter
this witness came back. On 05.08.2020, Shailendra convened a Panchayat which
was attended by family members of the deceased as well as some responsible
members of society. Then, father-in-law of the deceased informed the Panchayat
that the marriage has been performed by keeping them in dark. If the deceased
was in a love relationship with someone else, then she should not have been
married in his family. At that time, father of the deceased accepted that he had
committed a mistake, and tendered his apology. Accordingly, it was stated by the
Panchas that in case Pawan Sharma visits the matrimonial house of the deceased
or if any incident takes place, then the father of the deceased would be held
responsible. Since then, the deceased was under depression.Although her husband
Abhishek, father-in-law, and mother-in-law tried to convince the deceased that
she should leave her past behind and live properly in her matrimonial house, but
deceased used to talk to someone on mobile number 8718808073 for number of
times in a day. When the said number was checked, then it was found to be of
Pawan Sharma. It was alleged that on account of depression, as her relationship
with Pawan Sharma had become viral, she committed suicide.
5. Nagendra Mishra is the uncle-in-law of the deceased, and a similar
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statement was made by Deepak Mishra, who is the son of Nagendra Mishra.
Pramod Singh Parmar, Sobran Sharma, Yashpal Singh Gurjar, Sonu Kushwaha,
Bhogiram Sharma, and Kapil Singh Tomar are the witnesses who had attended the
Panchayat. It was convened by the father-in-law of the deceased, and these
witnesses have also stated that allegations about the relationship of the deceased
with Pawan Sharma were leveled, and the father of the deceased had accepted his
mistake and requested that if his daughter has committed some mistake, then she
should be pardoned, and such a mistake shall not be repeated in the future.
6. Neeraj Singh Tomar was informed by the in-laws of the deceased about her
relationship with Pawan Sharma.
7. Thus, it is clear that there are two sets of evidence collected by the police
and placed before the trial court along with the charge sheet. One set of
allegations is that the deceased was being harassed by the applicant and her in-
laws on account of non-grant of a motorcycle and gold chain in dowry, and the
other set of evidence is that the deceased was having a relationship with Pawan
Sharma, who had also threatened the husband of the deceased, entered the house
of the deceased, and was caught hold by the in-laws and was handed over to the
police. Further, a Panchayat was convened in which specific allegations were
made by the in-laws of the deceased regarding her relationship with Pawan
Sharma.
8. Now, the only question for consideration is as to whether this Court can
ignore the statements of the witnesses which have been filed by the police along
with the charge sheet.
9. The Supreme Court in the case of State of Madhya Pradesh Vs. Sheetla
Sahai and Others reported in (2009) 8 SCC 617, has held as under in
paragraphs:-
52. In this case, the probative value of the materials on record has
not been gone into. The materials brought on record have been
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accepted as true at this stage. It is true that at this stage even a defence
of an accused cannot be considered. But, we are unable to persuade
ourselves to agree with the submission of Mr Tulsi that where the
entire materials collected during investigation have been placed before
the court as part of the chargesheet, the court at the time of framing of
the charge could only look to those materials whereupon the
prosecution intended to rely upon and ignore the others which are in
favour of the accused.
53. The question as to whether the court should proceed on the basis
as to whether the materials brought on record even if given face value
and taken to be correct in their entirety disclose commission of an
offence or not must be determined having regard to the entirety of
materials brought on record by the prosecution and not on a part of it.
If such a construction is made, sub-section (5) of Section 173 of the
Code of Criminal Procedure shall become meaningless.
A Division Bench of this Court in the case of Amitabh Gupta Vs. The
State of Madhya Pradesh And Others decided on 03.03.2025 in WP.
No.7332/2025 has held as under:-
“3. In view of the averments made by the counsel for the petitioner,
we hereby dispose of the petition directing the Government of M.P. to
ensure that the case diary as well as the charge sheet filed under
Section 193 BNSS contains all the evidence/statement/material
inculpatory as well as exculpatory in nature. Further we direct the
respondents to ensure compliance of Rule 117-A of this Court in toto,
by way of supplying (under section 230 and 231 of the BNSS), all the
material inculpatory as well as exculpatory, collected during the
course of investigation to the accused before commencement of his
trial in terms of Rule 117-A.
4. To this effect, the Director General of Police, Madhya Pradesh,
shall issue necessary orders/instructions to field officers within a week
from today ensuring compliance of Rule 117-A and directions
contained in this order.”
10. Therefore, it is clear that once the entire material has been placed before the
Court, this Court cannot ignore one set of evidence merely on the ground that it is
favoring the accused. Furthermore, the applicant has also filed a copy of the
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complaint made by Abhishek (husband of the deceased) as well as an application
filed by the father-in-law of the deceased, thereby withdrawing the complaint
against Pawan Sharma as Annexure A/2.
11. Thus, it is clear that statement of witnesses to the effect that Pawan Sharma
had entered in the house of the deceased and was caught hold by the in-laws of
the deceased and was handed over to the police appears to be more convincing.
12. Under these circumstances, this court is of considered opinion that the
deceased must have committed suicide on account of her defamation in society, as
her relationship with Pawan Sharma had become viral and the said matter was
also discussed in the Panchayat. The deceased must have gone into depression,
and therefore, if she committed suicide, then it cannot be said that the applicant
has, in any manner, committed cruelty.
13. Furthermore, in order to prosecute near and dear relatives of the husband of
the deceased, allegations must be specific and clear. Omnibus and general
allegations cannot be made a basis for compelling near and dear relatives of the
deceased to face the ordeal of trial. Even otherwise, if the statements of the father,
sister, and uncle of the deceased are considered, then it is clear that except for the
general statement that, along with other in-laws, the applicant was also
committing cruelty on the deceased on account of not bringing a motorcycle and
gold chain, no other specific allegations have been made against the applicant.
Why the applicant, who is the Jethani of the deceased, would provoke her in-laws
so that they may harass the witness also for bringing dowry from her house.
14. Be that whatever it may be.
15. Considering the totality of facts and circumstances of the case, in view of
the law laid down by the Supreme Court in the case of Sheetla Sahai (supra),
which requires that at the time of framing charges, all material collected by the
police has to be taken note of, this court is of the considered opinion that the
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deceased must have committed suicide on account of the fact that her relationship
with Pawan Sharma had become viral.
16. Accordingly, FIR in Crime No.637 of 2020 registered at Police Station
Ambah, District Morena (M.P.), as well as the charge-sheet against applicant are
hereby quashed. The application succeeds and is allowed.
(G.S. Ahluwalia)
Judge
pd
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