Pradeep S/O Anantarao Mohe vs The State Of Mah. Thr. Pso Sadar ...
2023 Latest Caselaw 2134 Bom

Citation : 2023 Latest Caselaw 2134 Bom
Judgement Date : 3 March, 2023

Bombay High Court

Pradeep S/O Anantarao Mohe vs The State Of Mah. Thr. Pso Sadar ... on 3 March, 2023

Bench: Vinay Joshi, Valmiki Sa Menezes

                                                                                            J-1424-2022.odt
                                            1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          NAGPUR BENCH, NAGPUR.
 CRIMINAL APPLICATION (APL) NO.1424 OF 2022

APPLICANT                          :         Pradeep S/o Anantarao Mohe, Aged
                                             About 36 years, Occ : Service, R/o at
                                             present, 280/1/B/501, Police Head
                                             Quarter, Katol Road Nagpur.

                                             ..VERSUS..

NON-APPLICANTS : 1 The State of Maharashtra,
                   Through P.S.O. Sadar Nagpur Nagpur.

                                       2 Vijay S/o Shivdas Parkhe, Aged about
                                         46 years, Occ- Pan Kiosk, R/o, Sankat
                                         Mochan Road, Near Makode School,
                                         Yavatmal.
 -----------------------------------------------------------------------------------------
         Mr A. B. Mirza, Advocate for Applicant.
         Ms M. H. Deshmukh, Addl. P. P. for Non-Applicant No.1/State.
 --------------------------------------------------------------------------------------------------------


        CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

        DATE           : 3rd MARCH, 2023.

    ORAL JUDGMENT : (PER : VINAY JOSHI, J.)


    .               Heard finally by consent of the learned Counsel

    appearing for the parties.

                    Admit.

2. This is an application in terms of Section 482 of

the Code of Criminal Procedure, 1973, seeking to quash the J-1424-2022.odt

First Information Report (FIR) in Crime No.382 of 2014,

registered with Sadar Police Station, District Nagpur, for the

offence punishable under Section 306 read with Section 34

of the Indian Penal Code, 1860 (IPC) alongwith charge-sheet

and related criminal proceeding.

3. The Applicant claims for quashing of the FIR and

charge-sheet on the premises that even if the prosecution case

is accepted as it is, the same does not even prima facie makes

out a case of commission of offence punishable under Section

306 of the IPC. Besides that it is pointed out that co-accused

Bhavana facing similar allegations has been discharged by

this Court vide order dated 07.12.2016 passed in Criminal

Revision Application No.55 of 2016.

4. One Sonu Parkhe serving as a constable in Police

Department has committed suicide on 29.09.2014 by gun-

shot with his own weapon. Information is lodged by brother

of deceased Sonu namely Vijay on 12.10.2014, on the basis of

which crime has been registered. It is informant's case that his

younger brother Sonu (deceased) was serving in Police J-1424-2022.odt

Department, who got married with co-accused Bhavana on

11.05.2014. After marriage, the couple was staying at the

working place of Sonu i.e. at Nagpur. The informant stated

that co-accused Bhavana was not behaving properly with her

husband Sonu that is why there was matrimonial dispute.

Bhavana was having illicit relations with applicant Pradeep,

who was neighbouring resident as well as equally serving in

Police Department. The informant stated that deceased Sonu

had conveyed him about illicit relations of his wife with

applicant Pradeep. He also expressed that he was fed up by

such relations, and therefore, he may take any step. After

completing investigation, final report came to be filed.

5. Besides the statement of witnesses stating about

illicit relations, the prosecution has relied on a suicide note

found in the pocket of deceased, which was seized while

effecting inquest panchanama. The deceased has written at

the backside of his leave application in the following

manner :

J-1424-2022.odt

"fn- 26/9/14

ek÷;k felsl eqGs eh frpk vuSrhd laca/kkeqGs fe ejr vkgks- izfni eksgs cjkscj laca/k vlY;kus fr izsxusUV gksrh-"

6. On the basis of said suicide note, it has been

canvassed by the prosecution that the deceased has

specifically blamed applicant, and therefore, he is responsible

for the suicidal death. According to the State, the statement

of witnesses coupled with suicide note conveys sufficient

instigation to the deceased to commit suicide.

7. On the other hand, learned Counsel Mr Mirza

would submit that even if the case of prosecution is accepted

at its face value, it is totally missing to make out a case of

abetment or instigation. There is no dispute that besides the

statements about illicit relations of applicant with the wife of

deceased (co-accused) and suicide note, there is no material

against the applicant. Co-accused Bhavana had initially

applied to the Trial Court for discharge in terms of Section

227 of the Code of Criminal Procedure, however, the

application was rejected. Being aggrieved, co-accused J-1424-2022.odt

Bhavana had filed Criminal Revision Application No.55 of

2016, seeking to discharge on account of inadequacy of

material. This Court has considered the factual aspect as well

as settled proposition of law in the field and finally concluded

that no offence is made out. The observations made in para

10 of the order dated 07.12.2016, which reads as under :

"10. In the application in hand, there is no evidence to establish that on the date of incident or prior to deceased Sonu committing suicide, applicant had instigated or abetted deceased Sonu to commit suicide. In that view of the matter, applicant cannot be attributed to have requisite mens rea so as to hold her guilty as abettor, which apparently appears to be a fundamental defect in the case of prosecution and eventually does not attract provisions of Section 306 of the Indian Penal Code."

8. The material collected during investigation

including suicide note even if accepted, it would not travel

beyond establishing illicit relations of applicant with co-

accused Bhavana. Moreover, suicide note does not bear any

signature and it was allegedly written three days prior to the

actual occurrence. By any stretch of imagination, the material

collected does not constitute the offence of abetment.

J-1424-2022.odt

Moreover, the allegations against co-accused Bhavana are

exactly similar, who has been discharged. In view of that we

hold that the applicant has perfectly made out a case for

quashing of the criminal proceeding. Obviously,