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2017 Supreme(Bom) 1385
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.S. SHINDE, A.M. DHAVALE, JJ.
Nitesh & Another - Applicants
Versus
The State of Maharashtra & Another - Respondents
Criminal Application Nos. 3129 of 2017 & 3130 of 2017
Decided On : 01-09-2017
For the Applicants : M.V. Ghatge
For the Respondents: K.N. Lokhande, S.S. Gangakhedkhar
The main legal point established was that vague allegations and insufficient material are not sufficient to sustain a conviction, and the court can quash the proceedings if it finds them to be an abuse of process.
Headnote:
Section 482 - Quashing of FIR - Indian Penal Code
Fact of the Case:
The case involved a husband's suicide due to alleged harassment by in-laws and wife. The accused filed applications under Section 482 of the Code of Criminal Procedure to quash the FIR against them.
Finding of the Court:
The court found that there was no direct evidence of abetment and no material to show that the accused intended the deceased to commit suicide. It relied on legal provisions and precedents to determine that the prosecution's case rested on vague allegations and insufficient material.
Issues: The main issue was whether the accused were responsible for creating a situation by persistent harassment to drive the deceased to commit suicide.
Ratio Decidendi: The court emphasized that in cases of physical ill-treatment, specific allegations are required, and vague allegations are insufficient. It also considered the cultural and social expectations regarding the cohabitation of spouses and the need for credible evidence to sustain a conviction.
Final Decision: The court allowed the applications, quashing the FIR against the accused under Sections 306, 323, 506 r/w 34 of the Indian Penal Code.
A.M. Dhavale, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties and taken up for final disposal at admission stage.
2. These applications are filed under Section 482 of the Code of Criminal Procedure for quashing First Information Report bearing No. 144/2017 registered with Nanalpeth Police Station, Parbhani, for the offences punishable under Sections 306, 323, 506 r/w 34 of the Indian Penal Code.
3. The facts relevant may be stated as follows: Deceased Ashish was doing a private job as male Nurse at Aurangabad. On 21.05.2014, he married to accused No. 3 Namrata at Parbhani. Namrata was a Nurse in Government Hospital at Parbhani. The informant Alka, aged 58 years, is also a Nurse in Health Department at Nanded. Initially, Ashish and Namrata were cohabiting at Parbhani in a rented premises near the house of Namrata's maternal house. Since Ashish found it difficult to attend his job at Aurangabad, he was constrained to leave the job and thereafter he started residing at Namrata's maternal house. Accused No. 1 – Savita and accused No. 2 – Jaan are in-laws and accused No. 4 – Nitesh is the brother-in-law of the deceased whereas; accused no. 5 – Eknath is husband of paternal aunt of Namrata. Mother of the deceased alleged that, all the accused were mentally ill-treating the deceased Ashish and were assaulting him and he was regularly intimating the same to his family members. Whenever informant-Alka and her relatives made inquiries, the accused used to talk with them arrogantly and used to threaten them that they would implicate them in a dowry death case. On 24.04.2017 at 1:30 pm, Ashish made a call on his mother's cell phone and informed her about physical and mental harassment to him by the accused. At that time, he was weeping. The informant tried to persuade him and assured to find out some solution. On 26.04.2017 at 9:30 am, Sharlet Taru, a neighbour of deceased-Ashish, made a phone call to the informant and informed that they should immediately rush to Parbhani. When the informant came to Parbhani, they came to know that Ashish committed suicide by hanging himself. The landlord Ganesh Karad had lodged report of accidental death with the Police Station. The informant filed FIR alleging that, Ashish committed suicide due to harassment by his in-laws and wife. On the basis of the said information, Crime was registered as C.R. No. 144/2017.
4. Criminal Application No. 3129 of 2017 is filed by accused No. 4 – Nitesh, who is brother of the wife of deceased-Ashish, whereas; Criminal Application No. 3130 of 2017 is filed by Eknath Shinde, who is husband of paternal aunt of Namrata.
5. Learned counsel for the applicants argued that, the allegations about the physical and mental harassment are extremely vague. There is no material to show any intention on the part of the applicants to abet the deceased to commit suicide. Reliance is placed on a judgment delivered by the Division Bench of this Court at Nagpur Bench in Criminal Application (APL) No. 332 of 2016 (Dilip S/o Ramrao Shirasao & Ors. Vs. State of Maharashtra & Anr) on 05 August, 2016.
6. Per Contra, learned APP for the State and learned advocate for respondent No. 2 have submitted that, there were some injuries found on the person of the deceased. There was persistent harassment to the deceased-Ashish by his in-laws, which amounts to abetment to commit suicide. There are statements of witnesses disclosing that the relations between the deceased Ashish and his wife Namrata were very much strained and she was subjecting him to ill-treatment. She was not opening the door of the house whenever Ashish was knocking the door of the house. There are statements of the witnesses to support the allegations of persistent ill-treatment. There are Call Detail Records to show that the deceased had made a phone call to his mother. Hence, this is not a fit case for quashing the FIR.
7. After hearing the arguments, we find that there is no direct evid
