June 27, 2019:
Madhya Pradesh High Court has quashed the FIR for abetment of suicide where the prime allegation was that the accused wanted to extort money in the garb of interest on loan and had filed cheque bounce case against the deceased.
A bench of Justice Awasthi has passed the order in the case titled as Wahid Ali Vs. State of M.P on 19.06.2019.
High Court observed and held as "The facts of the case are required to be considered in the light of the aforesaid legal position. As per prosecution, on 23/10/2016 at about 8:00 a.m. Dhruvlal (deceased) committed suicide by consuming some poisonous substance. During investigation it was revealed that deceased borrowed Rs. 28 Lacs from co-accused-Bheem Gadoliya, Bhanwar Gadoliya and Mahendra Kumar and the same was repaid by him by selling his agricultural land but despite that he was subjected to ill treated by the applicant and other co-accused persons and they demanded interest @ 20% on the aforesaid amount from him and they were registered cases under Section 138 of the Negotiable Instruments Act against him, due to which feeling harassed he committed suicide by consuming poisonous substance. The statement of relatives of the deceased and other prosecution witnesses, did not indicate that at any point of time deceased was provoked, incited, goaded or persuaded by the present applicant to commit suicide. Therefore, even if all the allegations made against the applicant are accepted in their entirety, still they not make out a case u/s.306 read with Section 107 of the IPC. Therefore, the chargeu/s. 306 read with Section 107 of the IPC against the applicant cannot be sustained".
Read the Order here:
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