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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 591 OF 2016
Sau. Sneha Wd/o Khuniram Hukre,
Aged about 24 Years, Occ.: Student,
R/o C/o Mr. Kishore Gabhane,
Ward No.6, Kshirsagar Mohla,
Lakhani, Dist. Bhandara : APPLICANT
...VERSUS...
1. State of Maharashtra,
through Police Station Officer,
Police Station Arjuni Mor,
Dist. Gondia
2. Mr. Krushna S/o Baburao Hukre,
Aged about 33 Years, Occ. Service,
R/o Nimgaon, Tah. Arjuni Mor,
Dist.Gondia.
Alternate Address : Armori (Bardi)
Dist. Gadchiroli : NON-APPLICANTS
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Mr. Rajnish Vyas, Advocate for the applicant.
Mr. M.J.Khan, Additional Public Prosecutor for the non-applicant no.1.
Mr. B.A. Bhendarkar, Advocate for the non-applicant no.2.
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CORAM : V.M. DESHPANDE &
ANIL S.KILOR, J.
DATE : 4th JANUARY, 2021.
ORAL JUDGMENT (Per : Anil S. Kilor, J.)
1. The accused in Crime No. 43 of 2016 dated 11 th August, 2016, registered on a complaint made by the non-applicant no.2 with the Police Station Arjuni Mor for the offences punishable ::: Uploaded on - 12/01/2021 ::: Downloaded on - 06/02/2021 15:42:51 ::: apl-591-16(j).odt 2/9 under Section 306 of Indian Penal Code, has approached to this Court by filing present application under Section 482 of the Code of Criminal Procedure for quashing of the aforesaid First Information Report.
2. It is the case of the prosecution that on 11th August, 2016, the non-applicant no.2 Krushna Hukre lodged a criminal report stating therein that his younger brother namely Khuniram was married with the applicant on 17th April, 2016. Thereafter, the applicant left her matrimonial house on a pretext that she wanted to prepare for B.Sc. Examination, but thereafter did not return back. It is further stated that from 27 th May, 2016 to 31st May, 2016, the applicant resided with the deceased Khuniram in a rented house at Gondia and left on the pretext that she wanted to appear for B.Sc. Examination. It is alleged that whenever the deceased Khuniram requested the applicant to return back, she used to behave in arrogant manner with the deceased Khuniram. It is also alleged that when the deceased Khuniram went to her parent's house to bring the applicant back, she refused and informed the deceased that she was not interested to reside with deceased. Thereafter, she lodged a false report against the family members of the deceased. The complaint further says that during ::: Uploaded on - 12/01/2021 ::: Downloaded on - 06/02/2021 15:42:51 ::: apl-591-16(j).odt 3/9 the mediation before the Women Cell, Bhandara, the applicant used arrogant words and insulted the deceased. It is stated that because of the constant harassment at the hands of the applicant and insulting behaviour, the deceased Khuniram committed suicide on 6th August, 2018. Accordingly, the First Information Report in question against the applicant which is sought to be quashed and set aside by way of present application.
3. Heard Shri Rajnish Vyas, learned counsel for the applicant, Shri M.J.Khan, learned Additional Public Prosecutor for the non-applicant no.1 and Shri B.A. Bhendarkar, learned counsel for the non-applicant no.2.
4. Shri Vyas, learned counsel for the applicant submits that even if the contents of the First Information Report are taken as true, the same do not constitute offence under Section 306 of Indian Penal Code as the pre-requirement to attract Section 306 of Indian Penal Code are missing in the present matter. It is therefore submitted that as per the law laid down by the Hon'ble the Supreme Court of India, in the case of State of Haryana and others Vrs. Bhajan lal and others reported in 1992 Supp. (I) Supreme Court Cases 335, the First Information Report in question needs to ::: Uploaded on - 12/01/2021 ::: Downloaded on - 06/02/2021 15:42:51 ::: apl-591-16(j).odt 4/9 be quashed and set aside.
5. He further submits that there is no specific overt act attributed to the applicant which would amount to abetment or there is nothing on record to show that the applicant aided the deceased for commission of suicide. Hence, in absence of any aid to commit suicide or abetment by the applicant, no offence constitutes against the applicant under Section 306 of the Indian Penal Code and therefore, if the applicant is compelled to face trial it would amount to abuse of process of law.
6. On the other hand, learned Additional Public Prosecutor submits that prima-facie offence under Section 306 of Indian Penal Code, constitutes against the applicant.
7. It is submitted that during the investigation the statement of relatives of the deceased were recorded, in which it has come on record that there was harassment at the hands of applicant to the deceased and because of the same he committed suicide. By arguing so, learned Additional Public Prosecutor prays for dismissal of the present application.
8. Shri Bhendarkar, learned counsel for the non-applicant ::: Uploaded on - 12/01/2021 ::: Downloaded on - 06/02/2021 15:42:51 ::: apl-591-16(j).odt 5/9 no.2 reiterated the submissions of the learned Additional Public Prosecutor and in addition to the same he submits that the applicant used to say to the deceased that he was impotent. Moreover, the applicant filed false criminal complaint against the deceased and continuously harassed and insulted him which drove the deceased to commit suicide.
9. It is submitted that the applicant insulted the deceased when he appeared before the Women Cell, Bhandara in relation to false complaint lodged by the applicant against the deceased. Thus, he submits that because of continuous harassment and insult meted out by the applicant to the deceased, the deceased committed suicide and as such Section 306 of Indian Penal Code attracts in the present matter against the applicant.
10. In the case of M.Arjunan Vrs. The State of Tamil Nadu reported in 2019 ALL SCR (Cri.) 128, the Hon'ble the Supreme Court of India has held thus:
"The essential ingredients of the offence under Section 306 I.P.C. are (i) the abetment (ii) the intention of the accused to aid or instigate or abet the deceased to commit suicide. The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of ::: Uploaded on - 12/01/2021 ::: Downloaded on - 06/02/2021 15:42:51 ::: apl-591-16(j).odt 6/9 instigation/abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 I.P.C."
11. Thus, it is well settled law that the essential ingredients of Section 306 of Indian Penal Code are firstly abetment and secondly intention of the accused to aid or instigate or abet the deceased to commit suicide.
12. On the above referred touch stone, on perusal of the record including case diary, it is revealed that immediately after the marriage, the applicant left her matrimonial house for preparation and to appear for the B.Sc. Examination. It has also come on record that the applicant filed a complaint against the deceased for ill-treatment and in connection with the same, the deceased appeared before Women Cell, Bhandara.
13. It is also revealed that the applicant issued legal notice to the deceased. The said notice contains serious allegations against the deceased about his behaviour with the applicant.
14. It is the contention of the learned counsel for the non- applicant no.2 that the applicant used to say to the deceased that he was impotent, which disturbed the deceased a lot and was one of the reasons for him to take a drastic step of commission of ::: Uploaded on - 12/01/2021 ::: Downloaded on - 06/02/2021 15:42:51 ::: apl-591-16(j).odt 7/9 suicide.
15. It is revealed from the record that in the legal notice issued by the applicant to the deceased which contains serious allegations against the deceased relating to ill-treatment meted out by him to the applicant, in the said legal notice there is not a single whisper about the impotency of the deceased, but the allegations are otherwise.
16. Having observed that there is nothing to suggest that the applicant used to insult the deceased on the ground that the deceased was impotent, we are enable to accept the contention of the learned counsel for the non-applicant no.2 in this regard. The non-applicant no.2 has not brought anything on record in support of his contention and as observed above the available record speaks contrary. In the circumstances, we reject the said contention of the non-applicant no.2.
17. If it is considered that the lodging of a criminal complaint against the deceased Khuniram was the reason to commit the suicide, the said reason cannot be accepted because if some one is pursuing his or her legal right by filing legal proceeding, it would not amount to abetment to suicide. The other ::: Uploaded on - 12/01/2021 ::: Downloaded on - 06/02/2021 15:42:51 ::: apl-591-16(j).odt 8/9 party can very well fight out such legal proceeding in the Court of law by taking appropriate steps. But at any stretch of imagination, it cannot be said that filing of any legal proceeding like lodging of criminal complaint like in the present matter would amount to abetment.
18. Thus, filing of criminal complaint would also not amount to abetment, therefore, it would not attract Section 306 of Indian Penal Code.
19. The allegation in respect of insulting treatment and arrogant behaviour of the applicant is concerned, the allegations are general in nature and vague without any specific incident or details namely the words used by the applicant. In view of the said fact that the said allegations are of general in nature, it cannot be said that even such allegations prima-facie disclose offence under Section 306 of Indian Penal Code.
20. In that view of the matter, we have arrived at a conclusion that in the present matter as the requirements of Section 306 of Indian Penal Code are not satisfied, we are of the considered view that in the present matter Section 306 of Indian Penal Code does not attract against the applicant.
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21. In the circumstance, it would not be proper to compel or force the applicant to face the trial before the Criminal Court as the same would be a futile exercise. Accordingly, we pass the following order.
ORDER i. The Criminal Application No. 591 of 2016 is allowed. ii. The First Information Report No. 43 of 2016 dated 11 th August, 2016 registered with Police Station, Arjuni Mor, Dist. Gondia, for the offence punishable under Section 306 of Indian Penal Code qua the applicant, is hereby quashed and set aside. iii. The Criminal Application No. 591 of 2016 is disposed of. No order as to costs.
JUDGE JUDGE
sknair
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