Miss. Ashwini D/O Mangilal ... vs The State Of Maharashtra, Through ...
2017 Latest Caselaw 872 Bom

                                      1                   APL60-16.odt         



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH : NAGPUR

              Criminal Application (APL) No. 60/2016
                                 ...

1. Miss. Ashwini d/o Mangilal Chavhan,
   Aged about 28 years,
   Occ: Extension Officer (Agriculture),
   R/o Panchayat Samiti,
   Dhamangaon (Railway),
   District- Amravati.

2. Miss. Priyanka d/o Mangilal Chavhan,
   Aged about 25 years,
   Occ: Teacher, R/o Shrirampur,
   Tahsil Pusad, Dist. Yavatmal.     ..                     APPLICANTS

                               .. Versus ..

1. The State of Maharashtra,
   through P.S.O., P.S. Vasant Nagar,
   Pusad.

2. Bhujangrao Kaniram Jadhao,
   Aged about 60 years,
   Occ: Agriculturist, R/o Sukali Wadan,
   Tahsil Kalamnuri, Dist.Hingoli.     ..                RESPONDENTS


Mr. R.M. Daga, Advocate for Applicants.
Mr. J.Y. Ghurde, APP for Respondent No.1.
Mr. N.B. Rathod, APP for Respondent No.2.
                   ....

              CORAM : B.R. Gavai & Kum. Indira Jain, JJ.

DATED : March 20, 2017.

ORAL JUDGMENT (per B.R. Gavai, J. )

1. Rule. Rule made returnable forthwith. Heard finally

2 APL60-16.odt

by consent of learned counsel appearing for the parties.

2. The applicants have approached this Court praying

for quashing and setting aside the first information report

registered vide Crime No.6 of 2016 for the offence punishable

under Sections 306, 498-A read with Section 34 of the Indian

Penal Code.

3. The first information report is lodged at the instance

of respondent no.2 who is the brother of deceased Dharmabai.

Deceased Dharmabai was married to the father of the

applicants viz. Mangilal 35 years prior to the date of the

incident. Perusal of the first information report would reveal

that it is alleged by the complainant that after the marriage

initially the relations between the father of the applicants and

the deceased were cordial. However, subsequently father of

the applicants started residing with another woman in a

different village. It is alleged that the father of the applicants

used to illtreat the deceased saying that the other woman is

more beautiful than her. It is stated that on 5.1.2016 the

complainant has got information that his sister had died.

Therefore, they went to her home. However, they were driven

out of home.

3 APL60-16.odt

4. In so far as the present applicants are concerned, the

only allegation is that accused nos. 2 to 6 were assisting

accused no.1 in that act.

5. The perusal of the first information report itself would

reveal that there is not even a whisper as to what instigation

was made by any of the accused to the deceased which left her

with no other alternative than to do away her life.

6. The Apex Court in the catena of the cases including

the cases of Sanju @ Sanjay Singh Senger .vs. State of

Madhya Pradesh reported in 2002 Cri.L.J. 2796; Madan

Mohan Singh .vs. State of Gujrat and another reported in

(2010) 8 SCC 628 and in the case of S.S. Chheena .vs.

Vijay Kumar Mahajan reported in 2010 ALL MR (Cri) 3298

(S.C.) has held that for proceeding further with the trial

against the accused for an offence punishable under Section

306, it is necessary for the prosecution to at least, prima facie

establish that the accused had an intention to aid or instigate

or abet the deceased to commit suicide. It has been further

held that in the absence of availability of such material, the

accused cannot be compelled to face trial for the offence

4 APL60-16.odt

punishable under Section 306 of the I.P.C.. It has been further

held that an abetment involves mental process of instigating

the person or intentionally aiding the person for doing of a

thing. Without a positive act on the part of the accused in

aiding or instigating or abetting the deceased to commit

suicide, such person cannot be compelled to face a trial.

7. The perusal of the first information report even taken

on its face value, does not point out any of the aforesaid

ingredients. We are of the considered view that the

continuation of the proceedings against the applicants for the

offence punishable under Section 306 of the Indian Penal Code

will be nothing else but an abuse of process of law and as such

we are inclined to allow the application.

8. Rule is, therefore, made absolute in terms of prayer

clause (a).

     (Kum. Indira Jain, J. )                 (B.R. Gavai, J.)
                                     ...



halwai/p.s.