IMPORTANT POINT
When there are specific allegations of offence u/s 306 IPC supported by statement of witnesses, FIR should not be quashed u/s 482 CrPC.

JUDGMENT

Uday Umesh Lalit, J.

1. Delay condoned. Leave granted.

2. This appeal is directed against the judgment and order dated 28.03.2016 passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur allowing Criminal Application No.380 of 2015 preferred by the first respondent and thereby quashing the proceedings instituted against him vide FIR No.35/2015.

3. The aforesaid FIR No.35/2015 was lodged with Police Station, Washim on 14.02.2015 pursuant to information received from the appellant. It was alleged that the daughter and son-in-law of the appellant were teachers in a village in a Zila Parishad School where the first respondent was also a teacher; the first respondent used to call on the mobile of the daughter of the appellant and used to harass her; that despite the efforts of the son-in-law in trying to make the first respondent see reason and stop calling said daughter, the first respondent continued calling her repeatedly; that on 09.02.2015 there was a verbal altercation between the son-in-law and the first respondent and that on 12.02.2015 said son-in-law committed suicide leaving a suicide note. True translation of said suicide note is to the following effect:

“Sir Police Station Officer, I humbly request that my family life has been ruined by Vinayak Bhagat & therefore he should not be pardoned this is humble request & he should be hanged till death this is my last wish”

4. After the crime was registered, the first respondent had preferred an application for anticipatory bail which was rejected by the Principal District & Sessions Judge, Washim on 21.02.2015. The matter was carried further by filing Criminal Application [ABA]No.96 of 2015 in the High Court. The prayer was rejected by the High Court vide order dated 07.04.2015. It was observed by the High Court:

“… … …After hearing the learned counsel for the applicant and the learned APP for the State and on the backdrop of their submissions, I have gone through the material placed on record as well as presented for my perusal by the learned APP. Though, it was an attempt of the learned counsel for the applicant that the alleged material against the applicant of committing mischief is only a piece of paper i.e. so-called suicide note. The submission was, merely on the basis of this material, one cannot reach to a conclusion of either intention or abatement for attracting Section 306 of IPC. On a perusal of the report, it clearly reveals that it was not only a casual or occasional attempt of the applicant or a friendly association of the applicant with his colleague. The report itself states that the applicant was constantly establishing contact on mobile phone with the wife of the victim. The report states that the attempt was made to give an understanding to the applicant asking him to keep himself away from such activity. But in spite of such an attempt, the applicant neither paid any heed nor stopped his activities. The statements recorded by the investigating agency of the father and mother of the victim Sanjay clearly indicate that though, initially the relations between the couple and the applicant were homely and informal, the applicant started calling the wife of Sanjay constantly. Just 3-4 days earlier to the death of Sanjay, the applicant, who had been to the grocery shop of one Anand Kale, was given an understanding by Sanjay and in spite of grievance raised by Sanjay, the applicant was giving phone calls to the wife of Sanjay. Sanjay was thus carrying mental pressure and depression. These facts are recorded in the statement of the mother of Sanjay. It will also be interesting to note what reveals from the statement of the wife of Sanjay. The wife of Sanjay in clear and unambiguous words stated that the applicant was continuously calling her in spite of the understanding given by her husband as well as by herself.”

5. The view taken by the High Court as aforesaid was challenged by filing Special Leave Petition (Crl.) No.3497 of 2015 but th