Sunita D/O Vishwambharrao Wawle @ ... vs The State Of Maharashtra
2017 Latest Caselaw 3184 Bom

                                                                Cri.Appln.2159/2017
                                       1

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO.2159 OF 2017

Sunita d/o Vishwambharrao Wawle
@ Sunita w/o Rajkumar Ingle,
Age 37 years, Occu. Service,
R/o Labour Colony, Nanded,
Taluka and District Nanded                               ..Applicant

        Versus

1.      The State of Maharashtra,
        through Nanded Rural Police
        Station, Nanded,
        Taluka and District Nanded

2.      Laxman Haibati Kamble,
        Age 68 years, Occu. Retired,
        R/o Ektanagar, Bhaigaon road,
        Degloor, Taluka Degloor,
        District Nanded                                  ..Respondent

Mr M.V. Ghatge, Advocate for applicant
Mr K.S. Patil, A.P.P. for respondent no.1
Mr M.K. Bhosle, Advocate for respondent no.2


                                           CORAM : R.M. BORDE AND
                                                   A.M. DHAVALE, JJ.

                                           DATE     : 14th June 2017

ORAL JUDGMENT (Per R.M. Borde, J.)

1.      Rule.     Rule returnable forthwith.   With the consent of parties,

application is taken up for final disposal at admission stage.

2. The applicant is praying for quashment of the criminal

proceedings initiated against her in furtherance of lodging of F.I.R.

bearing No.179/2017, registered at Nanded (Rural) Police Station,

District Nanded for commission of offences punishable under Sections

306, 506 read with Sec.34 of the Indian Penal Code.

Cri.Appln.2159/2017

3. The respondent no.2 - Laxman lodged F.I.R. on 1 st April 2017 in

respect of suicide by his son on the same day at Nanded. The

deceased son of the informant put to end of his life by jumping in

Vishnupuri dam at Nanded. In the suicide note left behind by the

deceased, he has recorded that he is compelled to take such an

extreme step on account of ill-treatment at the instance of the

accused. On perusal of the suicide note, it is noticed that name of the

present applicant- Sunita is recorded and it is alleged that she was not

performing her duties as a Counselor faithfully. It is alleged that as a

result of irresponsible performance of the office of Counselor by the

employee i.e. the applicant herein, the image of the medical college

from amongst the general public is damaged. The allegations levelled

in the suicide note and the role attributed to the applicant does not

have any relevance so far as the act of commission of suicide by the

deceased is concerned. There is absolutely no such communication

between the allegations levelled against the applicant and the act of

the deceased of committing suicide.

4. Section 107 of the Indian Penal Code defines abetment of a

thing as :

107. Abetment of thing - A person abets the doing of a thing, who -

First - Instigates any person to do that thing; or

Secondly - Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

Cri.Appln.2159/2017

Thirdly - Intentionally aids, by any act or illegal omission, the doing of that thing.

5. In the instant matter, on perusal of F.I.R. as well as other

investigation papers including the suicide note, there is absolutely no

material to conclude that the applicant was instigated in any manner

in the act of commission of suicide by the deceased or that she has

instigated the deceased to commit the act of suicide. Nor there is any

allegation that the applicant by hatching conspiracy with others has

abetted commission of suicide by the deceased. On perusal of the

F.I.R. as well as the suicide note and other material collected by the

prosecution, according to us, ingredients for constituting the offence

of abetment are not satisfied as against the applicant.

6. For the reasons recorded above, the Criminal Application

deserves to be allowed and same is accordingly allowed. The criminal

proceedings initiated against the applicant in pursuance of lodging of

F.I.R.No.179/2017, registered at Nanded (Rural) Police Station, District

Nanded for commission of offences punishable under Sections 306,

506 read with Sec.34 of the Indian Penal Code stand quashed.

7. Rule is accordingly made absolute.

      ( A.M. DHAVALE, J.)                    ( R.M. BORDE, J.)



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