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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.S. SHINDE, K.K. SONAWANE, JJ.
Suresh s/o Gondu Tayde & Anr. - Appellants
Versus
The State of Maharashtra & Anr. - Respondents
Criminal Writ Petition No. 1334 of 2016
Decided On : 31-03-2017
Admittedly, the petitioners are arraigned for the offence punishable under Sections 498-A, 306 read with 34 of Indian Penal Code, on the allegations that the petitioners subjected their daughter in law victim `K` to mental and physical cruelty which goaded her to commit suicide by hanging herself at the matrimonial home. The first informant `H` in his FIR alleged that his daughter `K` was ill-treated and harassed on account of domestic reasons. The petitioners used to scold and maltreated her for demand of Rs. 50,000/- to purchase auto-rickshaw for their son. It is worth to mention that the first informant, `H` casted the aspersions only against the in-laws of daughter `K`. There are no any allegations against the husband of victim `K`, i.e. son of petitioners, or any other inmates of the matrimonial home except the petitioners. It cannot be ignored that the victim `K` was the mother of two teenaged children. She was cohabiting with the husband at matrimonial home since marriage in the year 2008. It has been alleged in the FIR that the petitioner No. 1 retired from military service and returned to his home in the year 2011 and since then there was hostile atmosphere for the deceased in the matrimonial home. Obviously, these circumstances, if taken into consideration at its face value and in its entirety, it transpired that there are prima facie circumstances to constitute a cognizable offence, as alleged against the petitioners. Therefore, in view of the guidelines delineated by the Apex Court in the matter of Gian Singh v. State of Punjab and others, AIR 1992 SC 604 and particularly, the 7 categories enumerated therein, it would improper and unjustifiable to exercise the inherent powers under Section 482 of Criminal Procedure Code to quash and set aside the impugned FIR registered against the petitioners.
Indian Penal Code, 1860 - Sections 306 and 498-A-Criminal Procedure Code, 1973, Sections 320 and 482-Offences of abetment of suicide and cruelty.-Since offences under Sections 306 and 498-A, IPC are non-compoundable offences hence quashing of proceedings on basis of compromise is within discretionary powers of High Court under Section 482 of Cr PC.
In the instant case, it appears that there was no settlement of controversy in between the first informant and petitioners but the relief to quash the FIR under Section 482 of Criminal Procedure Code is prayed on the solitary ground that the police played the mischief to fabricate the FIR by making false and spurious allegations against the petitioners which were not at all verbalized by the first informant in his impugned FIR. Obviously, these allegations against the police of Faijpur Police Station are serious in nature. It casted doubt about the integrity and performance of the police of Faijpur police station, while registration of impugned crime against the petitioners.
In case, the police of Faijpur police station has really committed any mischief, action is required to be initiated against them. But, for that purpose, the version of the first informant is essential to be tested on the anvil of merit. Definitely, the appreciation of imputations against the police about the blemish integrity and performance is subject to cross-examination of first informant, by the prosecution agency during the course of detail trial. In case, it is found that the first informant has made fake and false allegation against the police only to favour the petitioners, then his prosecution for the offence of perjury could not be ruled out; and in case he succeed in his attempt to show that the police of Faijpur police station committed mischief as alleged, the action will have to be initiated against them.
In such circumstances, that there is no settlement or compromise in between the petitioners and first informant, for exercising inherent powers under Article 226 of the Constitution of India and Section 482 of Criminal Procedure Code But, the first informant pointed out needle of suspicion towards integrity and performance of police, and attempted to shield himself while facilitating the petitioners to get scot-free from the allegations nurtured against them. These circumstances on record do not permit us to act upon the version of petitioners as well as respondent No. 2 to utilize the discretion for exercise of powers under Section 482 of Criminal Procedure Code. The version of the respondent No. 2 supporting to quash the FIR registered against the petitioners would not satisfy the conscious (sic : conscience) of the Court. It would not be considered as settlement for valid reasons to meet the ends of justice. In contrast, the petitioners and respondent No. 2 attempted to misuse the provisions of law for personal gain, which is nothing but an abuse of process of law. Therefore, the petition being devoid of merit deserves to be dismissed.
K.K. Sonawane, J.
1. Rule. Rule made returnable forthwith. Heard finally by consent of parties.
2. This writ petition is preferred by the petitioners invoking the remedy under Article 226 of the Constitution of India r/w. Section 482 of Cr.P.C. to quash and set aside the impugned FIR bearing Crime No. 49 of 2016 registered at Police Station, Faijpur, District Jalgaon against the petitioners under Section 498-A, 306 r/w. 34 of IPC on the accusations that the petitioners maltreated and harassed their daughter in law – victim Kavita during her cohabitation at matrimonial home and fed up with the mental and physical torture, the victim Kavita committed suicide by hanging to the ceiling hook of the house.
3. It has been alleged on behalf of prosecution that the first informant Shri Haribhau Arjun Salve approached to the Faijpur Police station and alleged that his daughter Kavita was married to Yogesh – son of petitioner Suresh Tayde. After the marriage, the victim Kavita joined the company of husband for cohabitation at village Padalsa. She begotten one son and daughter during the wedlock from husband Yogesh. All the things were normal up till the year 2011 and both spouses were leading happy married life. But, the petitioner No.1 Suresh retired from Indian Military service in the year 2011, and returned at village Padalsa. He started residing with the Joint family members. According to the first informant, the petitioners maltreated and harassed the victim Kavita on account of domestic reasons. They also insisted victim Kavita to bring Rs. 50,000/- from the parents for purchasing the auto-rickshaw for her husband. Whenever victim Kavita received opportunity to see the parents and other relatives, she used to disclose about her sordid tells to them. Fed up with the extreme cruelty on the part of petitioners, the victim Kavita took the drastic step to snuff out her own life by hanging in the matrimonial home. The parents received the message about the death of victim Kavita in the noon hours on 9th September, 2016. They immediately rushed to the matrimonial home of daughter Kavita. They saw the plight of the deceased Kavita who was no more. The parents were in grief due to the sudden death of daughter Kavita. They attended the funeral and returned to their village.
4. On receipt of information about the death of deceased Kavita owing to hanging, the police of Faijpur police station registered the A.D. No. 24 of 2016, and visited to the scene of occurrence. Police dealt with the mortal remains of victim Kavita and drawn the inquest panchanama. The I.O. referred corpus of the victim Kativa to Rural Hospital Yaval for autopsy to determine the cause of death. The I.O. also drawn panchanama of scene of occurrence and seized the incriminating articles from the spot under panchanama.
5. Meanwhile, after regaining from the grief, the first informant rushed to the police and filed FIR. Pursuant to FIR, police of Faijpur police station, registered the Crime No. 49 of 2016 against the petitioners for the offence punishable under sections 498A, 306 r/w. 34 of IPC and set the criminal law in motion. The I.O. recorded statements of witnesses acquainted with the facts of the case. The I.O. collected certificate regarding the cause of death of deceased from the concerned Doctor. It was opined that the deceased died due to asphyxia owing to hanging. The investigation is in progress. Pending investigation, petitioners preferred the present writ petition, availing remedy to quash and set aside the impugned FIR, bearing Crime No. 49 of 2016 registered at Faijpur police station for the offences punishable under sections 498-A, 306 r/w. 34 of IPC against them.
6. The learned counsel for the petitioners vehemently submitted that the entire allegations nurtured against the petitioners in the FIR are false, baseless and not sustainable at all. The ingredients of Section 107 for abatement to suicide are not attracted. In this case, the marriage of victim
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