Sau. Sneha Wd/O Khuniram Hukre vs State Of Maharashtra, Thr. P.S.O. ...
2021 Latest Caselaw 20 Bom

        apl-591-16(j).odt                                                     1/9


                   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

        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        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.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

                                         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

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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

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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

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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

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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

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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

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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

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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