Subhash Rambhau Kosalge And 2 Others vs State Of Mah., Thr. Ps Mahagaon Tq ...
2025 Latest Caselaw 3166 Bom

Bombay High Court

Subhash Rambhau Kosalge And 2 Others vs State Of Mah., Thr. Ps Mahagaon Tq ... on 12 March, 2025

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

2025:BHC-NAG:2497-DB




                                                      1                                  apl1204.2019..odt




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

                                 CRIMINAL APPLICATION (APL) 1204 OF 2019

                   1. Subhash Rambhau Kosalge,
                   aged about 69 yrs,

                   2. Sau Mangala Subahsh Kosalge,
                   aged about 62 yrs,

                   3. Atish s/o Subhash Kosalge,
                   aged about 40 yrs,

                   All the above applicants
                   resident of Dnyaneshwar Nagar,
                   Pusad, District Yavatmal                                             ......APPLICANTS

                                  ...V E R S U S...

                   1. State of Maharashtra,
                   through Police Station, Mahagaon,
                   Tq. Mahagaon, District Yavatmal

                   2. Chaitanya Sitaram Pawar,
                   aged adult,
                   r/o. Ijani, Mahagao,
                   Tq. Mahagaon, Dist. Yavatmal.                                   .....NON-APPLICANTS
                   ---------------------------------------------------------------------------------------------
                   Mrs. Radhika Raskar, Advocate for applicants,
                   Mr. N.H. Joshi, APP for non-applicant No 1/State.
                   Mr. R.R. Vyas, Advocate for non-applicant No. 2.
                   ---------------------------------------------------------------------------------------------

                   CORAM:- AVINASH G. GHAROTE, &
                            ABHAY J. MANTRI, JJ.

                   DATE : 12.03.2025
                               2                   apl1204.2019..odt


JUDGMENT (Per: Abhay J. Mantri, J.)

By consent of the learned Counsel for the parties, the

application is taken up for final hearing.

2. The applicants seek to quash First Information Report

(for short-'FIR') dated 03.09.2019, bearing Crime No. 275/2019,

registered with Vasantnagar Police Station, Mahagaon, for the

offences punishable under Sections 306 and 506 read with Section

34 of the Indian Penal Code (for short, " IPC") and proceedings in

Regular Criminal Case (RCC) No. 105/2022 pending before the

learned Judicial Magistrate First Class, Mahagaon, pursuant to the

said FIR.

3. Factual matrix:

(a) The informant/non-applicant no. 2 is the brother

of the deceased Gaurav Sitaram Pawar. Deceased Gaurav, pursuant

to the advertisement, applied for the post of clerk at Swargiya

Rambhau Koslage Arts and Science College, Pokhari. On

26.06.2009, he was interviewed and then applicant No. 1 Subhash

asked him to meet him. Accordingly, when he met applicants No. 1

and 2, at that time, they demanded Rs. 15 lakhs for appointing 3 apl1204.2019..odt

him as a Clerk. Out of the demand, the deceased Gaurav paid them

Rs. 10 Lakhs and asked them to deduct the balance of Rs. 5 Lakh

from his salary. Despite receiving money and assurance, they never

appointed him as a Clerk but appointed him as a 'Librarian' in the

'Sane Guruji Sarwajanik Wachanalay'. Then, on 01.09.2018,

applicant No. 2 asked him to resign from the said post, and

accordingly, she took his resignation. Despite the assurance and

obtaining money from Gaurav, they did not give him appointment as

a Clerk and thereby cheated him so on 05.01.2019, deceased

Gaurav lodged report against the applicants which came to be

registered vide Crime No. 14/2019 at Mahagaon Police Station for

the offences punishable under Sections 467, 468, 420 read with

Section 34 of the IPC.

(b) After registration of the crime, the applicants

threatened Gaurav of dire consequences and asked him to withdraw

the complaint filed against them, else they would implicate him in a

false complaint and also would kill him; therefore, Gaurav was fed

up by the harassment at the hands of the applicants. The deceased

Gaurav requested social worker Panjabrao Naik and others to

intervene in the matter, but in vain. It is also alleged that on

31.08.2019, applicant No. 3 with two unknown persons came to the 4 apl1204.2019..odt

house of Gaurava, threatened him to withdraw the complaint and

asked to appear in the High Court and give statement as per the say

of their advocate else they would commit rape on his wife. Due to

the said harassment, on 2.9.2019, Gaurav was upset and committed

suicide by hanging himself in his house.

(c) Therefore, non-applicant No. 2, the brother of the

deceased, lodged a report against the applicants alleging that they

have abetted the deceased Gaurav to commit suicide. Based on the

complaint, the offence came to be registered against the applicants

vide Crime No. 275/2019, with Vasantnagar Police Station,

Mahagaon, for the offences punishable under Sections 306 and 506

read with Section 34 of the IPC. The Investigating Agency, during

the investigation, recovered and seized one chit in the handwriting

of the deceased Gaurav under panchanama. The chit was sent to

the handwriting expert to obtain his opinion. Upon completion of

the investigation, the Investigating Officer filed a charge sheet

against the applicants.

4. Aggrieved by the filing of the FIR, the applicants have

approached this Court. During the pendency of the application, a

charge sheet was filed. Therefore, the applicants amended their 5 apl1204.2019..odt

application. By order dated 29.08.2022, this Court " Admitted" the

matter and stayed further proceedings in R.C.C. No. 105/2022

pending before the learned Judicial Magistrate First Class,

Mahagaon.

5. Mrs. Raskar, the learned Counsel for the applicants,

vehemently contended that the alleged suicide note on which the

prosecution is relying is undated and unsigned and, therefore,

cannot be taken into consideration as evidence against the

applicants. She further drew our attention to the letter/suicide note

written by the deceased addressed to his wife and another letter

addressed to the villagers and tried to point out discrepancies in

both the letters about date, signature, and handwriting therein. This

creates suspicion about the deceased's writing in the letter.

Therefore, she has submitted that the letter written to the wife

appears to be concocted and an afterthought since the allegations

are entirely false and warrant indulgence at the hands of this Court.

It is argued that the deceased was working with Sane Guruji

Sarvajanik Wachanalaya and had no concern with Swargiya

Rambhau Koslage Arts and Science College, Pokhari, therefore,

there is no question to offer a job as a Clerk to the deceased, so 6 apl1204.2019..odt

also question of extracting Rs. 10 lakhs from him does not occur.

Moreover, the applicants were not members of the Selection

Committee to select the clerk.

(a) The learned Counsel has further canvassed that

none of the statements of the witnesses denotes that the applicants

have committed a crime. The statement of witness Panjabrao, the

rival of the applicant no. 1, cannot be considered as he might have

stated against the applicants due to a personal grudge. Other

witnesses have not said anything against the applicants. Therefore,

she submitted that this is a fit case to invoke powers under Section

482 of the Criminal Procedure Code (for short, "Code").

(b) To buttress her submissions, she has relied upon the

following judgments of the Hon'ble Apex Court in the State of

Haryana and Ors Vs. Bhajanlal and Others (1992 Supp(1)SCC 335)

("Bhajanlal"), Parbatbhai Aahir alias Parbatbhai Bhishmabhai Karmur

and Ors Vs. State of Gujarat and anr (2017(9)SCC 641) ("Parbatbhai

Ahir"), State of West Bengal Vs. Indrajit Kundu and Ors (2019(10)

SCC 188 ("Indrajit Kundu") and the decision of the Division Bench of

this Court in Lata w/o Pramod Dangre Vs. State of Maharashtra and

ors(Cri. Writ Petition No. 866/2021) and urged that in view of the

law laid down in the aforesaid decisions, it appears that no prima 7 apl1204.2019..odt

facie case is made out against the applicants as alleged since

nothing has been brought on record to show that soon before the

death of the deceased, the applicants abetted him to commit

suicide. Hence, urged that this is a fit case to exercise powers under

Section 482 CrPC.

6. Per contra, Mr. Joshi, the learned AGP for respondent No.

1 and Mr. Vyas, the learned Counsel for respondent No. 2, resisted

the application on the ground that the material on record

categorically depicts that soon before the death, the applicants have

abetted deceased Gaurav to commit suicide. The learned Counsel

have also drawn our attention to the suicide note and the

statements of the witnesses. They further submitted that after the

completion of the investigation, sufficient material was found

against the applicants, and therefore, a charge sheet was filed. The

specimen signature, handwriting and suicide note written by the

deceased have been sent for the opinion of a handwriting expert.

There is ample material on record against the applicants to show

that they had harassed the deceased soon before his death.

Therefore, they prayed for the rejection of the application.

8 apl1204.2019..odt

7. We have considered the rival submissions and perused

the FIR, Charge Sheet, record, and the judgments relied upon by the

learned Counsel for the applicants.

In order to resolve controversy in the matter, it would be

necessary to refer to Sections 107 and 306 of the IPC, which read

thus:

107-Abetment of a thing. - A person abets the doing of a thing, who--

(First).-- Instigates any person to do that thing; or (Secondly).-- Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or (Thirdly).-- Intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1.-- A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

306. Abetment of suicide. :-

If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

The question that arose for consideration is ' whether the

averments in the suicide note coupled with the statement of witnesses

that due to harassment at the hands of the applicants and the allegations

that they were threatening deceased to withdraw the case filed against 9 apl1204.2019..odt

them vide Crime No. 14/2019 at Mahagaon Police Station for the

offences punishable under Sections 467, 468, 420 read with Section 34 of

the IPC, is sufficient material against the applicants to attract ingredients

of section 306?'

8. It is pertinent to note that on 05.01.2019, deceased

Gaurav lodged report against the applicants vide Crime No.

14/2019 alleging that they have demanded Rs. 15 lakhs from him to

appoint him as a 'Clerk' but instead of appointing him as a Clerk

appointed as "Librarian" in 'Swargiya Sane Guruji Sarvajanic

Wachnalaya' and then asked him to resign from that post from

01.09.2018. They have neither given an appointment nor refunded

the money as assured. So, he lodged a report against them that they

had cheated him and grabbed the amount. The said case is pending

against them.

9. It also appears from connected Criminal Application No.

708/2019 that being aggrieved by the complaint, the applicants

moved the application on 16.07.2019, in which this Court, vide

order dated 05.08.2019, added deceased Gaurav as respondent No.

2 and issued a notice to him, returnable on 03.09.2019. The said

notice was served on him. It further prima facie reveals from 10 apl1204.2019..odt

statement of witness Sunil Naik that 'on 31.08.2019, applicant No. 3

Atish with two unknown persons came to the house of deceased,

and threatened him to appear in the High Court and give statement

as per say of their advocate, else, they would commit rape on his

wife. It also seems from the statements of witnesses Sunil,

Panjabrao, Rahul, Babusingh and Sitaram that accused No. 3 used

to threaten deceased to withdraw the case else they would kill him

or commit rape on his wife. It is also prima facie evident that during

the investigation, on 02.09.2019, the Investigating Officer seized the

suicide note from the spot under panchanama and sent it to the

handwriting expert for verification along with his other

handwriting. One letter was also recovered, which was addressed to

the villagers, wherein he mentioned the date as 02.09.2019. On

31.08.2019, applicant No.3 visited the house of the deceased, and

immediately thereafter, on 02.09.2019, the deceased committed

suicide.

10. Likewise, the post-mortem report categorically indicates

that the probable cause of death "may be asphyxia as result of

hanging."

11 apl1204.2019..odt

11. Perusal of the suicide note prima facie depicts that "the

deceased in the suicide note wrote that applicant No. 1 Subhash has

ruined his life." It is pertinent to note that as per the order dated

05.08.2019, this Court has issued a notice to the deceased Gaurav

to appear before the Court on 03.09.2019. As per the statement of

witness Sunil, on 31.08.2019, applicant No. 3, with two others, had

been to the house of Gaurav, and notice was served on him to

appear in Court on 03.09.2019. One day before the appearance

date, i.e. on 02.09.2019, the deceased committed suicide.

12. Thus, careful perusal of the statements of witnesses, the

suicide note, the post-mortem report, the FIR, the charge sheet and

the record of the connected Criminal Application No.708/2019,

prima facie, show that "applicant no. 3 used threat to kill Gaurav or

to commit rape on his wife", so he was disappointed. In addition, in

the suicide note, the deceased wrote that ' Applicant no. 1 has ruined

his life.' Moreover, to verify the authenticity of the suicide note, it

was sent to handwriting experts, but the report is yet to be received.

Likewise, to ascertain the genuineness of the statements of

witnesses, it would be appropriate to let the trial proceed to

determine the veracity of the facts against applicants No.1 and 3.

12 apl1204.2019..odt

Thus, a conjoint reading of the statements of the witnesses, the

suicide note with the post-mortem report, and the charge sheet

prima facie indicates the allegations of the instigation and abetment

attributed to the applicant Nos. 1 and 3. However, no sufficient

material is brought on record against applicant no. 2 to denote that

she had instigated or abetted the deceased soon before his death.

13. In Bhajanlal (supra), the Hon'ble Apex Court has laid

down the guidelines to be adhered to while exercising inherent

powers under 482 and formulated the same in paragraph 102 of the

judgment, as under:

(1) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;

(2) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code;

(3) where the uncontroverted allegations made in the FIR or 'complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;

(4) where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code;

13 apl1204.2019..odt

(5) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;

(6) where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party;

(7) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to a private and personal grudge.

In Parbatbhai Aahir (supra), the Hon'ble Apex Court in

paragraph 16 laid down the broad principles while exercising

powers under 482, as under:

16.1. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court;

16.2. The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973.

The power to quash under Section 482 is attracted even if the offence is non-compoundable.

16.3. In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its 14 apl1204.2019..odt

jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power;

16.4. While the inherent power of the High Court has a wide ambit and plenitude, it has to be exercised (i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court;

16.5. The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute revolves ultimately on the facts and circumstances of each case, and no exhaustive elaboration of principles can be formulated;

16.6. In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences;

16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned;

16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may, in appropriate situations, fall for quashing where parties have settled the dispute;

16.9. In such a case, the High Court may quash the criminal proceeding if, in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and 15 apl1204.2019..odt

16.10. There is yet an exception to the principle set out in propositions 16.8 and 16.9 above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.

14. The learned Division Bench of this Court, in Lata w/o

Pramod Dangre (supra), after considering various judgments of the

Hon'ble Apex Court, has opined thus:

"(23) Therefore, it becomes clear that the principles that have been laid down by the Supreme Court in the aforementioned judgments in the context of Sections 107 and 306 of the IPC, have to be applied to the facts of the individual case to conclude, as to whether the criminal proceedings deserve to be interdicted at this stage of FIR and charge-sheet itself or that the accused deserves to face trial."

In the case of Indrajit Kundu, the Hon'ble Apex Court has

held that "whether the acts committed by the accused will

constitute a direct or indirect act of incitement to the commission of

suicide is a matter which is required to be considered in the facts

and circumstances of each case."

15. In the background of the above discussion and the

mandate laid down in the decision referred to supra, it is evident 16 apl1204.2019..odt

that to constitute a direct or indirect act of incitement to the

commission of suicide is a matter that is required to be considered

in the facts and circumstances of each case.

16. In the wake of the above, prima facie sufficient material

emerged against applicants nos. 1 and 3 to proceed with the trial.

Therefore, in our opinion, the mandate laid down in the decisions

relied upon by the applicants is not helpful in support of their

application. However, prima facie, no material appears against

applicant no. 2 for instigating deceased Gaurav for suicide. As a

result, we are of the opinion that the continuation of proceedings

against applicant no. 2 would result in an abuse of the process of

law. However, we have no hesitation to hold that it is not a fit case

to exercise jurisdiction U/s 482 of the code as far as applicant Nos. 1

and 3 are concerned and as far as applicant No. 2 is concern no case

is made out, hence, we allow the application in respect of applicant

No.2 and reject it against applicant No.1 and 3. Accordingly, we

answer the question partly in the affirmative to the extent of

applicants No. 1 and 3 and negative against applicant no.2. In the

result, the following order is passed:

17 apl1204.2019..odt

ORDER

i) The application is partly allowed.

ii) First Information Report dated 03.09.2019, bearing Crime No. 275/2019, registered with Vasantnagar Police Station, Mahagaon, for offence punishable under Sections 306 and 506 read with Section 34 of the IPC and initiation of Regular Criminal Case No. 105/2022 pending before the learned Judicial Magistrate First Class, Mahagaon pursuant to the said FIR is quashed and set aside to the extent applicant No. 2.

iii) The application of applicant Nos. 1 and 3 is dismissed.

iv) Inform the learned Trial Court accordingly.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)

R. Belkhede, Personal Assistant

Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 12/03/2025 16:58:11