High Court

Legal Reasoning

CriAppln-4464-2023-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL APPLICATION NO. 4464 OF 2023Akshay s/o Balasaheb SaikarAge 29 years, Occu. Service,R/o Khadapura,Tq. Ambajogai,District : Beed.… ApplicantVersus1]The State of MaharashtraThrough Police Inspector,Ambajogai City Police Station,District Beed.2]Sudhakar s/o Baburao ShepAge Major, Occu. Agri.,R/o Shepwadi, Tq. Ambajogai,District Beed.… Respondents…..Mr. Eknath P. Sawant, Advocate for the Applicant.Mr. S. S. Dande, APP for Respondent No.1-State.Mr. R. B. Wankhede, Advocate for Respondent No.2 (appointed).....CORAM :SMT. VIBHA KANKANWADI ANDABHAY S. WAGHWASE, JJ.DATED :19.08.2024ORDER : 1.Instant application is for quashing of FIR bearing No. 373 of2023 registered on 01.10.2023 at Ambajogai City Police Station,District Beed for offence punishable under Section 306 r/w 34 of theIndian Penal Code [IPC]. CriAppln-4464-2023-2- 2.Inviting attention of the Court to the FIR, learned counsel forthe applicant would submit that informant’s son allegedly hangedhimself some time after leaving house in the morning of 08.09.2023and till it was noticed in the morning of 09.09.2023. Learned counselpointed out that suicide was by hanging to a tree in the very fieldowned by informant. For what reason and on what backgroundinformant’s son Sangram hanged himself is not clear. He pointed outthat even regarding alleged suicide, there was mere A.D. registered,and after more than three weeks, instant FIR has been lodged i.e. on01.10.2023. Learned counsel pointed out that allegations are levelledthat informant’s son was pressurized by present applicant along withtwo co-accused persons for paying dues to the tune of Rs.30,000/-allegedly taken by him to play online game and his motorcycle wasallegedly retained to seek repayment. It is emphasized that veryessential ingredients of abetment, inducement or instigation tocommit suicide are patently missing. That, on the face of it, FIR is notonly delayed but is full of false and afterthought version andinformation allegedly received by informant from friends of deceased.There was no pressure exerted as alleged, and moreover according tolearned counsel, even if amount was demanded to be repaid, it wouldnot constitute offence under Section 306 IPC. According to learned CriAppln-4464-2023-3- counsel, making applicant, who is also of young age, face trial of acase in which there is no evidence whatsoever to attract charge,would amount to not only injustice but hardship, and therefore aboveprayers are pressed into service.3.Learned APP as well as learned counsel for respondent no.2both resisted the above application on the ground that there waspersistent and consistent demand of money from the deceased. Hisvehicle was retained. Therefore, deceased was compelled to commitsuicide. According to both of them, there is sufficient material for trialto proceed, and thereby they pray to reject the application. 4.After considering the submissions advanced by each of the sidesand on taking careful survey of the FIR lodged at Ambajogai CityPolice Station, it is emerging that deceased, namely, Sangram, whowas 21 years old, left house of informant on 08.09.2023 to fill upform of nursing course. He allegedly left on motorcycle. As he did notreturn in the evening, he was searched for but not found. Accordingto informant, on 09.09.2023 around 08.00 a.m., informant learnt thathis son Sangram had hanged himself to a tree in their own field, andtherefore on such information, initially A.D. was registered. CriAppln-4464-2023-4- 5.FIR shows that on 01.10.2023 informant approached Police tolodge a report that his son was addicted to online game, namely,Ludo, and he learnt to that extent from his deceased son’s friends.Informant himself states that for said reason, he never gave pocketexpenses and even mobile to his son and also instructed about it toother relatives. Informant himself claims that still his deceased sonused to play the said game on mobile of one Krishna Adinath Shep byinserting his own sim card and he learnt about it from Krishnahimself. 6.Informant further claims that further inquiry was made withKrishna regarding use of his mobile. That, even informant’s elder sonRohan had met co-accused Sandesh Pandit Chate and had learnt fromhim that deceased had taken Rs.30,000/- and he also informed Rohanto ask deceased to return the money and further said that he canrecover it in his own way. Resultantly, informant made furtherinquires with Krishna and he told that said Sandesh Chate had, twothree days back, retained motorcycle of Sangram. Informant allegedthat present applicant, through mediation of one Akash Folane, hadgiven Rs.30,000/- to deceased by retaining motorcycle with himselfand as such, his son was under mental tension. CriAppln-4464-2023-5- 7.On above information of Krishna, above report has been lodgedagainst three persons, namely Sandesh Pandit Chate, presentapplicant and one Akash Rajesh Folane, alleging offence underSection 306 of IPC. 8.In order to attract the charge of section 306 of IPC, it isincumbent upon prosecution to establish incitement, instigation,aiding or abetment to commit suicide. Scope of Sections 107 and 306has been time and again decided by the Hon’ble Apex Court in thecases viz; State of West Bengal v. Orilal Jaiswal (1994) 1 SCC 73;Ramesh Kumar v. State of Chhatisgarh reported in(2001) 9 SCC 618;Sanju @ Sanjay Singh Sengar v. State of M.P. reported in(2002) 5SCC 371; Chitresh Kumar Chopra v. State (2009) 16 SCC 605;Amalendu Pal alias Jhantu v. State of West Bengal (2010) 1 SCC 707;State of West Bengal v. Indrajit Kundu and others (2019) 10 SCC188; Rajesh v. State of Haryana (2020) 15 SCC 359; V.P.Singh etc. v.State of Punjab and others 2022 SCC Online SC 1999 and veryrecently in the case of Kumar @ Shiva Kumar v. State of Karnataka[Criminal Appeal No. 1427 of 2011 decided on 01.03.2024].9.In above series of cases, it has been held and reiterated thataccused persons should intend that deceased should end up his/her CriAppln-4464-2023-6- life. With that object in mind, if they deliberately createcircumstances, which are of such nature, that deceased is left with noother alternative but to end up his/her life, only then charge ofabetment to commit suicide can be said to be successfully broughthome. Abetment is equally an essential factor to be proved byprosecution. 10.Keeping the above settled legal position in mind, if we perusethe FIR, it is evident that informant’s son was addicted to onlinegaming. It seems that deceased borrowed amount from non-applicantSandesh and dues mounted to the tune of Rs.30,000/-. Informant’sother son, namely, Rohan had already met Sandesh on 08.09.2023.But no report was lodged for the alleged threat. Apparently, deceasedhimself left the house to go to Ambajogai on his own motorcycle on08.09.2023. But his dead body was noticed in hanging condition onthe next morning i.e. to the tree which was in the field owned byinformant himself. Initially A.D. was registered. After more than threeweeks instant FIR has been lodged, that too on information of onefriend of deceased, namely, Krishna. What positive role presentapplicant played in abetting, instigating or inducing deceased to hanghimself is not clear. Law is fairly settled that mere demand of dueswould not constitute the offence of abetment to commit suicide. CriAppln-4464-2023-7- 11.Consequently taking into consideration above nature ofaccusations, belated FIR and when patently necessary ingredients toconstitute offence of Section 306 IPC not being available, it would beunjust to permit present applicant face trial. Resultantly, applicantsucceeds and this Court finds it a fit case to exercise powers underSection 482 of Cr.P.C. to quash the FIR. ORDERI.The application stands allowed.II.The FIR No. 373 of 2023 registered on 01.10.2023 atAmbajogai City Police Station, District Beed for offencepunishable under Section 306 r/w 34 of the Indian PenalCode [IPC] is hereby quashed and set aside.III.Fees of the counsel appointed to represent the cause ofrespondent no.2 is quantified at Rs.5,000/-, to be paid by theHigh Court Legal Services Sub-Committee, Aurangabad. [ABHAY S. WAGHWASE, J.] [SMT. VIBHA KANKANWADI, J.]vre