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Neutral Citation No. - 2025:AHC:80186 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15929 of 2025 Applicant :- Kshitiz Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Mahesh Kumar Shukla, learned counsel for the applicant, learned A.G.A for the State and perused the record.
2. The present application has been filed for quashing the charge sheet dated 10.09.2023 as well as summoning/ cognizance order dated 13.09.2023 in Case No.105797 of 2023, arising out of Case Crime No.228 of 2023, under Sections 498A, 304B IPC and 3/4 D.P. Act, Police Station Lanka, District Varanasi, pending in the court of Additional Sessions Judge, Court No.14, Varanasi.
3. Contention of learned counsel for the applicant is that the deceased herself committed suicide by hanging and it was the applicant, who informed the police. The police then opened the door and found that the deceased was hanging in the room. Therefore, offence under Section 304B IPC is not made out.
4. Learned AGA for the State opposed the prayer and submitted that the deceased was died within 7 years of her marriage under unnatural circumstance, therefore, no interference for quashing is made out.
5. After hearing the learned counsel for the parties and perusal of record, it is clear that marriage of applicant and deceased was solemanised on 29.05.2021 and the deceased died on 14.06.2023 by hanging. From perusal of statements of other family members of the deceased, it is clear that prior to death of deceased, there was demand of dowry and continuous harassment of the deceased and deceased was died within 7 years of marriage under unnatural circumstances. Therefore, no case is made out to quash the impugned proceeding. All the ground raised by the applicant can be considered at the time of trial.
6. In view of above, the present application is dismissed. Order Date :- 15.5.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad