High Court
Facts
-1- Cri.appln.2537.2023IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL APPLICATION NO. 2537 OF 20231.Sanjay S/o. Gajanan Tad,(referred as Spruha’s uncle in FIR), Age : 54 years, Occu. : Nil.,(Accused No.6)2.Dnyaneshwar s/o. Laxmikant Tad,(referred as Pappu Tad in FIR), Age : 21 years, Occu. : Agril.,(Accused no.9)3.Dhanashri Laxmikant Tad,(referred as Vijaylaxmi Dongre in FIR), Age : 41 years, Occu. : Household,(Accused No.8)Applicant Nos.1 to 3 R/o. Balaji Nagar, Dhoki, Tq. & Dist. Osmanabad.4.Rajeshri Rajendra Tad,Age : 48 years, Occu. : Housewife, R/o. Balvani, Tq. Pandharpur, (Accused no.7)Dist. Solapur. … APPLICANTS.(Orig. Accused Nos. 6 to 9)VERSUS1.The State of Maharashtra,Through Police Inspector, Vivekanand Chowk Police Station, latur, Tq. & Dist. Latur.2.Jyoti Amitkumar Raje,Age : 43 years, Occu. : Service, R/o. New Pragati Nagar, LIC Colony, Latur. …RESPONDENTS.WITH CRIMINAL APPLICATION NO. 4545 OF 20231.Spruha D/o. Suryakant Tad,Aged : 17 years, Occu. : Student, -2- Cri.appln.2537.2023Since through her natural Guardian Mother, Shailaja Suryakant Tad, Aged : 47 years, Occu. : Household.(Accused No.1)2.Swaraj S/o. Suryakant Tad,Aged : 15 years, Occu. : Student, Since through her natural Guardian, Mother, Shailaja Suryakant Tad, Aged : 47 years, Occu. : Household, (Accused No.2)3.Shailaja Suryakant Tad,Aged : 47 years, Occu. : Household, All R/o. At Post Keshavkunj Apartment, More Building, Vrundavan Colony, Latur, Tq. & Dist. Latur. (Accused No.3)… APPLICANTS.VERSUS1.The State of Maharashtra,Through the Investigating Officer, Vivekanand Chowk Police Station, Latur, Tq. & Dist. Latur. 2.The District Superintendent of Police,Latur.RESPONDENTS.WITH CRIMINAL APPLICATION NO. 255 OF 2024Vishwajeet Mahesh Dongare, (In FIR named as Vishwas Dongare)Age : 23 years, Occu. : Education / Business, R/o. Mangrul, Tq. Tuljapur, Dist. Osmanabad. … APPLICANT(Accused)VERSUS1.The State of Maharashtra,Through Officer In-charge, Police Station Vivekanand Chowk, Latur, Dist. Latur.
Legal Reasoning
-8- Cri.appln.2537.2023have taken place on 25.04.2023, but during said episode deceased isapparently not present. Informant herself reported the events of25.04.2023 to deceased daughter at their house and deceased reportedlycommitted suicide on 27.04.2023. 8.Taking such timelines and dates into consideration, andwhen no role is attributable to any of the above applicants in proximity tosuicide dated 27.04.2023 regarding abetment, inducement or instigationwith any ill intention, as pointed out, charge of section 305 of IPC isapparently misapplied and misdirected. In all, eight applicants are beforethis court. None of them are shown to be in contact with deceased since22.04.2023 till 27.04.2023 in any manner or mode. Consequently, thereis no justification to hold them responsible for suicide committed by her.Allegations are that, deceased was under stress, fear and depression, butit is evident that, relations between two girls are strained since19.04.2023. Hence, when there is no material on the point of instigation,abetment or inducement, said charge of abetment to suicide by a minor isrequired to be struck down. Prima facie, there are allegations andmaterial regarding commission of other offences, but definitely not forcommission of offence under section 305 of IPC. Hence, following order : -9- Cri.appln.2537.2023ORDER(i)All criminal applications are partly allowed.(ii)The F.I.R. vide Crime bearing No.0290 of 2023, dated02.05.2023 registered with Vivekanand Chowk Police Station,Latur, District Latur is quashed and set aside to the extent ofoffence punishable under section 305 of IPC only.iii)Fees of learned Advocate appointed to represent the cause ofrespondent no.2 is quantified at Rs.5,000/- to be paid by HighCourt Legal Services Sub-Committee, Aurangabad.(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.) Tandale
Arguments
-3- Cri.appln.2537.20232.Jyoti Amitkumar Raje,Age : 43 years, Occu. : Service, R/o. New Pragati Nagar,L.I.C. Colony, Latur, Dist. Latur.Mob. No. 8888268337… RESPONDENTS.…Mr. Tushar Shinde h/f. Mr. C. K. Shinde, Advocate for Applicants inCri.Appln/2537/2023Ms. Kavita S. Bhale, Advocate for Applicants in Cri.Appln./4545/2023.Mr. K. R. Yadav h/f. Mr. S. J. Salunke, Advocate for Applicants inCri.Appln/255/2024Mr. Shubham S. Kote, Advocate for Respondent No.2 (Appointed)Dr.Kalpalata Patil Bharaswadkar, APP for Respondents – State....CORAM : SMT. VIBHA KANKANWADI ANDABHAY S. WAGHWASE, JJ.DATED : 20th AUGUST, 2024ORDER (PER ABHAY S. WAGHWASE, J) :1.All above applications are for exercise of powers undersection 482 of the Code of Criminal Procedure (Cr.PC.) to quash FIRregistered at Vivekanand Chowk Police Station, Latur bearing No.290 of2023 for offence punishable under sections 294, 305, 324, 504, 506 r/wsection 34 of Indian Penal Code (IPC). 2.Learned counsel for applicants pointed out that, above crimeis on the basis of false allegation. He pointed out that, deceased andapplicant no.1 Spruha in Criminal Application No.4545 of 2023 wereinterested in one boy. That, both girls are adolescent. That, they were on -4- Cri.appln.2537.2023cross terms in above background. Deceased daughter of informantallegedly committed suicide by hanging in her own house on 27.04.2023.That, there was no nexus to connect applicants with alleged suicide. It ispointed out that, the delayed FIR is lodged on 02.05.2023 which isapparently false and afterthought and out of annoyance on account oflosing daughter. Learned counsel took this court through the FIR andpointed out that there is no material to show that in proximity to suicideapplicants and deceased came in contact with each other by any mode.That, there is no material suggesting any positive act that too with mensrea in abetting, instigating or inducing deceased girl, who end up her life.Some episode of 25.04.2023 is reported by informant mother that too ofwhich only she was party. Suicide is committed on 27.04.2023. It ispointed out that informant herself had been to the house of other girl andshe had allegedly informed the events to deceased. That, there is no rolewhatsoever attributable to present applicants since 25.04.2023 to27.04.2023 and therefore implication of applicants is apparently baselessand unwarranted and hence above prayers pressed into service.3.Learned counsel for applicants in Criminal Application No.4545 of 2023 also reiterated the story of informant and she tooemphasized that there is false implication. That, applicant no.1 is aminor. That, she cannot be connected with the suicide committed by -5- Cri.appln.2537.2023informant daughter. According to learned counsel, though some instancestook place at her place, it was mere attempt to settle the disputes andthere was no any intention that deceased should commit suicide. Shewould stress that applicant no.1 was not in contact with the deceased formany days and therefore, when there is no specific role or participationin any manner, it is unjust to implicate a girl for the alleged suicide.Consequently, learned counsel also prays for quashment. 4.Learned counsel for applicants in Criminal Application No.255 of 2024 pointed out that, this applicant is named merely foraccompanying other applicants in the process of resolving dispute. Hehad nothing to do with alleged interest of girls. However, he is alsonamed without attributing any specific roles or participation in themeeting of 25.04.2023. Resultantly, he also prays for quashment.5.After hearing each of the side and on perusal of FIR andpapers, it is emerging that, daughter of informant, namely Janhavi aged17 years was studying in Sahyadri International School. Informantclaims to have learnt from deceased daughter that applicant no.1 namelySpruha in Criminal Application No.4545 of 2023 was her school friend. Informant claims that, on 19.04.2023 when she returned -6- Cri.appln.2537.2023from work, her daughter Janhavi complained of back pain and aftervisiting hospital and on returning home, her daughter further informedabout the school friend i.e. applicant Spruha and about quarrels amongstthem. Informant claims to have questioned her deceased daughter thereason of quarrel, upon which she told that Spruha had forwardedmessage containing abusive and filthy language with reference toinformant and deceased. Therefore deceased visited house of Spruha on18.04.2023 to question the same and at that time she was even beaten bySpruha and her brother, and she being pushed, thereby making her fall.According to informant, since then deceased Janhavi was upset, undershock and mental stress and had gone in depression. Indulgence of onePandurang @ Bandu Kishave was sought by informant to giveunderstanding to Dnynaneshwar Chavan and Vishwas Dongare on21.04.2023. On 22.04.2023 informant, her daughter, Kishave,Dnyaneshwar and Vishwas together visited house of Spruha. There someheated exchange of words took place and according to informant, due tothe same, her daughter was under fear.6.Further according to informant, on 25.04.2023, while shewas in the office, a phone call was received from Kishave, informing thatSpruha’s relatives had approached him in his office and thereforeinformant was called and she went to his office. There informant claims -7- Cri.appln.2537.2023that, all of them raised suspicion on her character as well as on thecharacter of her daughter and abused them in filthy language. She hasalleged that, she was forced to apologies and written apology wasforcibly taken. On returning home, informant narrated the events uponwhich her daughter allegedly said that because of her she is gettingdefamed and her daughter had become helpless. On 27.04.2023, whileinformant was on duty around 11:30 a.m., she received news aboutJanhavi hanging herself in the room. Hence, the report. 7.After carefully examining the FIR, it is emerging that,deceased Janhavi and applicant Spruha are school friends. There wasquarrel between both the girls. Report and FIR is silent about cause ofquarrel. Informant herself claims that her daughter when beingquestioned about the reason of quarrel reported about some abusivemessage forwarded by Spruha. In above backdrop, some incidentsbetween two girls had taken place on 19.04.2023, during which deceasedwas given beating by Spruha and her brother followed by issuing threats.After said incident, it is emerging that, there were meetings betweeninformant, her deceased daughter Janhavi on one hand and Spruha andher family members i.e. on 22.04.2023, during which there were heatedexchange of words. According to informant, since said episode herdaughter was upset, in stress and fear. Again some episode appears to