Bombay High Court
Suryakant Pandurang Holmukhe And ... vs The State Of Maharashtra And Anr on 31 August, 2023
Bench: Nitin W. Sambre, R. N. Laddha
2023:BHC-AS:25018-DB
Chitra Sonawane WP-2835-2022-.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.2835 OF 2022
1. Shri Suryakant Pandurang Holmukhe
Age.70, Occu. Retired
R/o 102, Dashmesh Coloney, N.Datta Marg,
Four Bunglow, Andheri West,
Azad Nagar, Mumbai
Present Address-R/o Tadsar,
Tal-Kadegaon, Dist.-Sangli.
2. Shri Pralhad Sopan Rokade
Age-63 yrs, Occu.-Agriculture
3. Sou. Pramila Pralhad Rokade
Age 50 yrs, Occu.Household
Applicant No.2 and 3
R/o Tadsar, Tal Kadegaon, Dist.Sangli ... Petitioners.
V/s.
1. The State of Maharashtra
(C.R.No.49/2022 at the Chinchani
Wangi Police Station, Sangli)
2.Mr Kiran Alias Kamlesh Dattatreya
Holmukhe
Address-R/o. Tadsar, Chinchani Wangi
Tal-Kadegaon, Dist.-Sangli ... Respondents.
---
Mr Nilesh Wable i/by Umesh Mankapure, Advocate for the
petitioners.
Mr J.P. Yagnik, APP for the State.
Ms Reshma Mutha, Advocate for respondent No.2.
Page No. 1 of 11
____________________________________________
31 August 2023.
::: Uploaded on - 31/08/2023 ::: Downloaded on - 01/09/2023 05:21:31 :::
Chitra Sonawane WP-2835-2022-.doc
Coram : Nitin W. Sambre &
R.N.Laddha, JJ.
Reserved on : 20 July 2023.
Pronounced on : 31 August 2023.
Judgment ( Per R.N.Laddha, J.)
Rule. The Rule is made returnable forthwith. Heard
finally with the consent of the learned Counsel for the rival
parties.
2. The petitioners are the accused in First Information
Report No.49 of 2022, registered at Chinchani Wangi Police
Station, Sangli, for offences punishable under Section 306
read with 34 of the Indian Penal Code, 1860 (IPC). The
present writ petition is filed seeking quashing of the charge
sheet filed against the petitioners accused in respect of the
aforesaid FIR.
3. The first informant, who is the son of deceased
Dattatraya, alleged in the FIR that since 2017, he has been
facing threats from the accused Suryakant and his brother
Sambhaji, as on his complaint, a criminal prosecution was
launched against them under the provisions of The
____________________________________________
31 August 2023.
Chitra Sonawane WP-2835-2022-.doc
Maharashtra Money-Lending (Regulation) Act, 2014. Since
then, there has been an outgoing feud between his family and
the family of the petitioners. It is alleged that the petitioners
are residing near the house of the first informant (respondent
No.2 herein) and they frequently threatened to vacate the
house where the first informant, along with his family
members, is residing. It is alleged that the petitioners used to
damage the water pipes, block drains, damage utensils, dump
waste in the yard of the first informant, and even throw
animal bones in front of the Informant's house, which caused
distress to him and his family. It is alleged that the petitioners
made life difficult for the first informant's family and caused
trouble for a long. It is stated that the deceased informed the
first informant that on 03-04-2022, accused Pramila
threatened him of lodging a false complaint of outraging her
modesty. It is stated that on 05-04-2022, frustrated by the
petitioners' harassment, the deceased committed suicide.
4. Pursuant to the aforesaid FIR, crime vide CR No.49 of
2022 was registered against the petitioners for the offence
punishable under Sections 306 read with 34 of the Indian
Penal Code. After investigation, the charge sheet was filed
against the accused petitioners.
____________________________________________
31 August 2023.
Chitra Sonawane WP-2835-2022-.doc
5. Mr Nilesh Wable, learned Counsel appearing for the
petitioners, submitted that the FIR, charge sheet and the
material on record did not support the charge of abetment to
suicide under Section 306 IPC. He claimed that the essential
element of abetment, as defined in Section 107 IPC, was
missing and that the petitioners could not be held liable for
instigating the deceased to commit suicide. According to
learned Counsel, there is nothing on record to suggest that the
petitioners intentionally aided, instigated or abetted the
deceased to commit suicide. Mr Wable further submitted that
the allegations in the FIR were absurd and improbable and did
not make a case against the petitioners. According to him,
there was no evidence to suggest that the petitioners' actions
were intended to drive Dattatraya to harm himself or commit
suicide.
6. It is submitted that there was an inordinate and
unexplained delay in lodging FIR, which renders it wholly
unreliable and that the prosecution initiated against the
petitioners is an attempt to harass the petitioners and only to
settle the personal scores with them.
7. In support of his contentions, he relied on Madan
____________________________________________
31 August 2023.
Chitra Sonawane WP-2835-2022-.doc
Mohan Singh Vs. State of Gujrat and Anr. 1; Rajendrakumar
s/o Bajranglal Sharma & Ors. Vs. State of Maharashtra &
Anr.2; Gurucharan Singh Vs.State of Punjab 3; Vaijnath
Kondiba Khandke Vs. State of Maharashtra & Anr.4; Suresh
Hindurao Patil Vs. State of Maharashtra & Anr 5.; Lata w/o
Pramod Dangre Vs. State of Maharashtra & Anr.6
8. On the other hand, Mr J.P.Yagnik the learned Additional
Public Prosecutor, submitted that the veracity of the
allegations against the petitioners would be considered only
after a full-fledged trial and no interference is warranted at
this stage.
9. Ms Reshma Mutha, the learned Counsel appearing on
behalf of the second respondent/first informant, submitted
that the merits of the charge sheet, including the FIR, should
not be examined at this stage. She submitted that the material
placed on record demonstrates harassment by the petitioners
to such an extent that the deceased had no other alternative
but to end his life. She submitted that the petitioners were
1 (2010)8 SCC 628.
2 2017 ALL MR (Cri.)1869.
3 (2017)1 SCC 433.
4 (2018)7 SCC 781.
5 2019(6) Mh.L.J.(Cri.)777.
6 2022 ALL MR (Cri.)3892.
____________________________________________
31 August 2023.
Chitra Sonawane WP-2835-2022-.doc
charged by the respondent State for the offence under Section
306 IPC as per the final report submitted by the Investigating
Officer. According to her, there is a prima facie case against
the petitioners.
10. The rival contentions now fall for our determination.
11. In Amalendu Pal Vs. State of West Bengal 7, it was held
that the mere harassment without any positive action on the
part of the accused proximate to the time of occurrence,
which led to the suicide, would not amount to an offence
under Section 306 IPC.
12. In S.S.Cheena Vs. Vijay Kumar Mahajan & Anr. (2010)
12 SCC 190, it was observed that;
"25. Abetment involves a mental process of
instigating a person or intentionally aiding a
person in doing of a thing. Without a positive
act on the part of the Accused to instigate or
aid in committing suicide, conviction cannot
be sustained. The intention of the legislature
and the ratio of the cases decided by this
Court is clear that in order to convict a person
under Section 306 IPC there has to be a clear
mens rea to commit the offence. It also
requires an active act or direct act which led
7 (2010)1 SCC 707.
____________________________________________
31 August 2023.
Chitra Sonawane WP-2835-2022-.doc
the deceased to commit suicide seeing no
option and that act must have been intended
to push the deceased into such a position that
he committed suicide.
26. In the instant case, the deceased was
undoubtedly hypersensitive to ordinary
petulance, discord and differences which
happen in our day-to-day life. Human
sensitivity of each individual differs from the
other. Difference people behave differently in
the same situation."
13. Similarly, in Dilip s/o Ramrao Shirasao & Ors. Vs. State
of Maharashtra & Anr.8, the Division Bench of this Court
observed as under:
"20. As has been held by Their Lordships of
the Apex Court that for permitting a trial to
proceed against the accused for the offence
punishable u/s 306 of the IPC, it is necessary
for the prosecution to at least prima facie
establish that the accused had an intention to
aid or abet the deceased to commit suicide. In
the absence of such material, the accused
cannot be compelled to face trial for the
offence punishable u/s 306 of the Indian Penal
Code as has been held by Their Lordships of
the Apex Court that abetment involves mental
process of instigating a person or intentionally
aiding a person in doing of a thing and
without a positive act on the part of the
accused in aiding or instigating or abetting the
deceased to commit suicide, the said persons
cannot be compelled to face the trial. Unless
there is clear mens rea to commit an offence or
8 2016 ALL MR (Cri.)4328.
____________________________________________
31 August 2023.
Chitra Sonawane WP-2835-2022-.doc
active act or direct act, which led the deceased
to commit suicide seeing no option or the act
intending to push the deceased into such a
position, the trial against the accused u/s 306
of the Indian Penal Code, in out considered
view, would be an abuse of process of law."
14. The record shows that an FIR came to be lodged on 17-
04-2022 wherein it is alleged that on 05-04-2022, frustrated
by the harassment of the accused, the deceased had committed
suicide. The first informant in the FIR alleged that the
accused had threatened him and his family members to vacate
the house where they were residing; that on 16-12-2021 and
23-02-2022, his father informed him that accused individuals,
Suryakant and Pralhad had met with him and asked his father
to instruct him to withdraw the criminal case filed against
accused Suryakant else to face the consequences; the accused
used to damage the water pipes, block drains, damage
utensils, dump waste in the yard and throw animal bones in
front of his house; and on 03-04-2022 his father informed
him that accused Pramila threatened to lodge a false
complaint of outraging her modesty against him.
15. After examining the allegations in light of the above-
quoted decisions, it was found that there was a sufficient gap
____________________________________________
31 August 2023.
Chitra Sonawane WP-2835-2022-.doc
between the incidents involving the accused and the
deceased's act of suicide. There is no direct link between the
two, as the deceased had ample time to consider the
consequences of suicide. No direct or active act was found
that led the deceased to commit suicide. The charge sheet
contains nothing that could be remotely considered an
offence, let alone one under Section 306 IPC. The charge
sheet does not suggest any abetment to commit suicide. There
is no material of any positive action taken by the accused that
could have caused or forced the deceased to commit suicide at
the time of the incident. Simply alleging harassment of the
deceased is not sufficient to sustain the charge under Section
306 IPC.
16. Moreover, there is no material to suggest that the
accused intended for the deceased to commit suicide, nor is
there any indication that the accused created a situation that
caused extreme mental stress, leading the deceased to take his
own life.
17. It is a settled principle in law that if an FIR contains
some material allegations, it and any subsequent proceedings
should not be quashed under Section 482 Code of Criminal
____________________________________________
31 August 2023.
Chitra Sonawane WP-2835-2022-.doc
Procedure,1973. However, in the present case, the accusations
in the FIR are completely inadequate and do not meet the
criteria specified under Sections 107 and 306 IPC.
18. That apart, on 05-04-2022, the first informant went to
the police station to report his father's suicide. In his report,
he stated that his father had been struggling with alcohol
addiction and had committed suicide by hanging himself. He
did not make any complaints against the petitioners until 17-
05-2022. According to Mr Wable, this delay, in the backdrop
of the long-standing conflict between the parties, is sufficient
grounds to quash the proceedings based on the earlier report
dated 05-04-2022. The legal position on the aspect of delay
in lodging an FIR is fairly crystalised to the effect that if there
is a delay in lodging an FIR and no satisfactory explanation is
given, it can have a negative impact on the prosecution's case.
Although a delay in filing an FIR does not automatically lead
to its dismissal, it can raise doubts and prompt the Court to
investigate possible motives. However, if a satisfactory
explanation for the delay is provided, it may be disregarded,
and the delay may be condoned. In the present case, the first
informant initially reported that his father had committed
suicide due to struggles with alcohol addiction and had
____________________________________________
31 August 2023.
Chitra Sonawane WP-2835-2022-.doc
hanged himself. However, after 12 days, the informant came
forward with a case stating that he was unable to report the
matter earlier as he was occupied with his father's last rituals.
In such a situation, we are not inclined to accept the
explanation for the delay in lodging FIR.
19. In Hasmukhlal D. Vora & Anr. Vs. State of Tamil
Nadu9, it was held that though inordinate delay in itself may
not be a ground for quashing a criminal complaint,
unexplained inordinate delay must be taken into
consideration as a very crucial factor as grounds for quashing
a criminal complaint.
20. For the aforesaid reasons, the present writ petition is
allowed, and the FIR bearing C.R.No.49 of 2022 registered at
Chinchani Wangi Police Station, Sangli, against the petitioners
and the proceedings arising therefrom are quashed.
21. Rule made absolute in the above terms.
[R.N.Laddha, J.] [Nitin W. Sambre, J.]
9 2022 SCC OnLine SC 1732.
____________________________________________
31 August 2023.
