Bombay High Court
Deepak Pandit Bhosle vs The State Of Maharashtra And Another on 3 January, 2025
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2025:BHC-AUG:752-DB
1
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 55 OF 2024
Deepak S/o Pandit Bhosle
Age : 33 years, Occ : Agri.,
R/o Waghi, Tq. Nanded,
Dist. Nanded.
..APPLICANT
-VERSUS-
1. The State of Maharashtra
Through Police Station, Limbgaon,
Dist. Nanded.
2. Anil S/o Pralhad Rathod
Age : 31 years, Occ : Labour,
R/o Waghi Tanda, Tq. Nanded,
Dist. Nanded.
..RESPONDENTS
...
Advocate for the applicant : Mr.Suraj R. Bagal
APP for Respondent- State : Mr. A.D. Wange
Advocate for respondent No.2 : Mr. Umesh Mitkari (appointed)
...
CORAM : SMT. VIBHA KANKANWADI AND
ROHIT W. JOSHI, JJ.
DATED : 3rd JANUARY, 2025
JUDGMENT (PER ROHIT W. JOSHI, J.) :
. The present application is filed under Section 482 of the
Code of Criminal Procedure (Cr.P.C.) seeking to quash F.I.R. 0094/2023
registered with Police Station Limbgaon, Dist. Nanded for the offence
punishable under Section 306 read with Section 34 of the Indian Penal
Code (I.P.C.) and Regular Criminal Case No.1580/2023 pending on the
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file of learned Chief Judicial Magistrate, Nanded. Respondent No.2 is
informant.
2. Father of respondent No.2 Shri Pralhad Rathod has
committed suicide in the night intervening 25.06.2023 and 26.06.2023
by hanging himself to the roof of house. Respondent No.2 has lodged
F.I.R. against the present applicant and Priyanka, who is wife of
respondent No.2 on 18.07.2023.
3. A perusal of F.I.R. will demonstrate that respondent No.2
alleges that the present applicant/accused No.2 had developed illicit
relations with accused No.1, who is wife of respondent No.2.
Respondent No.2 has stated that on 23.06.2023, his father had gone for
doing manual labour work at Nasaratpur and after finishing his work,
he returned to home at around 3.00 to 3.30 p.m. When he returned to
the house, he called the wife of respondent No.2 asking her to give him
water. Since the wife of respondent No.2 did not bring water, he
casually opened the door of one of the rooms in the house and was
shocked to find that the present applicant and wife of respondent No.2
were indulging in sexual activity. Respondent No.2 alleges that his
father was deeply disturbed due to this. He was afraid about reputation
of the family in the society. He has stated that the present applicant had
warned the deceased that he should not disclose the incident to
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anybody or else he will eliminate him. He was also afraid that the
present applicant would kill him since he was witness to the said
incident. He states that the father has committed suicide due to the said
incident coupled with death threat extended by applicant No.1 to him.
4. On the basis of the allegations, F.I.R. has been registered
against the present applicant and wife of respondent No.2 for offence
punishable under Section 306 read with Section 34 of the Indian Penal
Code.
5. The allegations in the F.I.R. only suggest that there were
illicit relations between the applicant and daughter-in-law of deceased
Pralhad. The F.I.R. discloses that the deceased had seen his daughter-in-
law indulging in a sexual activity with applicant and that applicant had
threatened to kill deceased Pralhad. The allegation is that the deceased
was seriously disturbed due to the aforesaid incident and also feared
for his life due to death threat extended by applicant and as a
consequence of this, he has committed suicide.
6. Learned counsel for the applicant submits that ingredients
of Section 306 of IPC are not even remotely made out. He states that
assuming not admitting that the applicant had illicit sexual intercourse
with daughter-in-law of the deceased and that he had threatened to
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eliminate the deceased, who had seen the applicant and the daughter-
in-law of deceased indulging in sexual activity, the same would not
amount to causing abetment to commit suicide.
7. Learned APP Shri A.D. Wange opposes the application
stating that whether there was any intention on the part of the
applicant to force the deceased to commit suicide or not can be
determined only upon full-fledged trial. Advocate Shri Umesh Mitkari
appearing for respondent No.2 has advanced the submissions on similar
lines.
8. It is obvious that applicant did not establish relationship
with daughter-in-law of the deceased in order to instigate him to
commit suicide. The alleged illicit relationship of applicant and
daughter-in-law of deceased was not revealed by them to anybody
including the deceased. Accidentally deceased found the applicant and
his daughter-in-law in a compromising position, which according to
respondent No.2 was the cause for committing suicide. By no stretch of
imagination, it can be said that the applicant had abetted the suicide
stated to be committed by the deceased. Apart from illicit relations, the
other allegation is that when the applicant was caught red handed, he
had threatened the deceased with dire consequences including
extending death threat in the event he disclosed the matter to any other
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person. This also can by no stretch of imagination amount to abetment
to commit suicide. An offence under Section 306 of the Indian Penal
Code is made out only when the accused can be shown to have
instigated, urged or encouraged the act of suicide by willfully acting in
a manner which may compel the deceased to commit ghastly act of
suicide. The proposition that correctness or otherwise of the allegations
cannot be assessed at this stage is undisputed. However, at the same
time, one needs to examine as to whether the undisputed material on
record makes out an offence punishable under Section 306 of IPC. The
essential ingredients of the offence are that the accused must actually
instigate, urge or encourage the act of suicide by willfully acting in a
manner which may compel the deceased to commit ghastly act of
suicide. Mens rea is an essential element of the offence. It is held by
catena of decisions of the Hon'ble Supreme Court and this Court that
mere harassment meted out to the deceased is not sufficient to hold a
person guilty of the offence of abetment of suicide. There must be clear
evidence in order to demonstrate active and direct action by the
accused that led to the deceased committing suicide.
9. Therefore, we are of the considered opinion that the
material on record is grossly inadequate to make out any case against
the applicant for the offence under Section 306 of the IPC. It will not be
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in the interest of justice to force the applicant to face prosecution in
such a matter, where the undisputed material on record does not satisfy
the essential elements of the offence. We are, therefore, of the
considered opinion that FIR and resultant criminal prosecution against
the applicant is required to be quashed. Hence, we pass the following
order:
ORDER
(i) The application is allowed.
(ii) F.I.R. 0094/2023 registered with Police Station Limbgaon,
Dist.Nanded for the offence punishable under Section 306 read with
Section 34 of the Indian Penal Code and Regular Criminal Case
No.1580/2023 pending on the file of learned Chief Judicial Magistrate,
Nanded, are hereby quashed against applicant - Deepak S/o Pandit
Bhosle.
(iii) The learned Secretary, High Court Legal Services Sub-Committee,
Aurangabad to pay the fees which is quantified as Rs.5,000/- (Rupees
Five Thousand) to the learned Advocate appointed to represent
Respondent No.2.
[ROHIT W. JOSHI] [ SMT. VIBHA KANKANWADI]
JUDGE JUDGE
sga/
