IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
T.V. NALAWADE, VIBHA KANKANWADI, JJ.
Asha - Appellant
Versus
State of Maharashtra - Respondent
Criminal Application No. 2687 of 2018
Decided On : 22-10-2018
Commission of suicide - Due to harassment - Refund interest - Demanded bribe - Course of suspension - Nature of allegations - Code of Criminal Procedure 1973 - Indian Penal Code1860 - Section 482 ,306 34 - Present application has been filed by original accused Nos 01, 02, 03 and 05 by invoking inherent powers of this Court under S 482 of CCP in order to quash (FIR) vide Crime registered with Shivaji Nagar, Police Station, - for offence punishable under S 306 read with 34 of IPC - Respondent No - 2 has lodged aforesaid FIR stating that, her husband deceased Keshav Ashruba Ugalmugale was serving as police constable with Police Headquarters, She along with her husband and children were residing in police quarter - Her husband was suspended on ground that, he had demanded bribe on report lodged by Police Inspector Gondkar of Anti Corruption Bureau, Beed - She contends that, her husband had not demanded nor accepted any amount - During course of suspension period he was given Head Quarter posting - He was required to incur expenditure for Court proceeding and also for domestic purpose - He was required to take hand loan from private moneylenders - She also contends that, her husband had taken loan from GPF - All private money lenders were giving threat to her husband on his mobile to kill him Her husband had stopped using Sim Card - Then all those persons used to come to their house in police colony and used to pressurize her husband to refund interest amount and for that purpose they used to give threat to kill him - Her husband was fed up, and therefore, he committed suicide by leaving a suicide note due to harassment by private moneylenders - She has filed FIR stating that, all these persons have abetted commission of suicide by her husband –Held, Taking into consideration evidence that has been collected and nature of allegations, this is a fit case where inherent powers of this Court are required to be exercised to quash FIR as it is within parameters laid down in State of Haryana - Hence following order - Application is allowed - first information report bearing Crime, registered with Shivajinagar Police Station, for offence punishable under S 306, read with S 34 of IPC and proceedings initiated on basis of said crime, to extent of applicants, are quashed and set aside - Rule made absolute in above terms –Appeal is Allowed
VIBHA KANKANWADI, J.
1. Rule. Rule made returnable forthwith. By consent, heard finally.
2. Present application has been filed by original accused Nos.01, 02, 03 and 05 by invoking inherent powers of this Court under Section 482 of Code of Criminal Procedure in order to quash First Information Report (FIR) vide Crime No. 475 of 2017 dated 03-07-2017, registered with Shivaji Nagar, Police Station, Beed Dist. Beed, for the offence punishable under Section 306 read with 34 of the Indian Penal Code.
3. Respondent No.2 has lodged the aforesaid FIR stating that, her husband deceased Keshav Ashruba Ugalmugale was serving as police constable with Police Headquarters, Beed. She along with her husband and children were residing in the police quarter. Her husband was suspended on the ground that, he had demanded bribe on 19-06-2015 on the report lodged by Police Inspector Gondkar of Anti Corruption Bureau, Beed. She contends that, her husband had not demanded nor accepted any amount. However, during the course of suspension period he was given Head Quarter posting. He was required to incur expenditure for Court proceeding and also for the domestic purpose. He was required to take hand loan from private moneylenders such as, (i) Lala R/o In front of Sahara Hotel, Javednagar, Beed, (ii) Shakil R/o In front of Santoshi Mata Talkies, Beed, (iii) Wadmarebai R/o Near Reporter Office, Beed, (iv) Munna Gaikwad R/o Indira Nagar, near Natyagruha, Beed, (v) Vishal R/o In front of S. P. Office, Beed and (vi) present applicant Police Head Constable Dhanwade. She also contends that, her husband had taken loan from GPF and also from Patsanstha as well as from her parlour business and repaid the loan taken from these persons.
However, the interest amount was outstanding, and therefore, all the private money lenders were giving threat to her husband on his mobile to kill him. Her husband had stopped using the Sim Card. Then all those persons used to come to their house in police colony and used to pressurize her husband to refund the interest amount and for that purpose they used to give threat to kill him. Her husband was fed up, and therefore, he committed suicide by leaving a suicide note on 30-06-2017 due to the harassment by the private moneylenders. Therefore, she has filed the FIR stating that, all these persons have abetted the commission of suicide by her husband.
4. The applicant has contended that, he has been falsely implicated. The FIR does not disclose full name of the applicant nor any specific role has been attributed to him. The brother of the deceased is also in police department and he had contested the election of Patsanstha of the police employees against the present applicant and the brother of the deceased was defeated in the said election. Therefore, the applicant has been implicated by the informant at the behest of her brother-in-law. It is stated that, the alleged suicide was committed on 30-06-2017, however the FIR came to be lodged on 03-07-2017. The inordinate delay has not been explained by the informant. Deceased Keshav was already suspended in Anti Corruption Case and the trial was going on. The last date in that proceeding was 27-06-2017 and deceased committed suicide on 30-06-2017. The said case might be the real reason for him to commit suicide. The allegations are bogus, and therefore, he prayed for quashment of the FIR.
5. The application has been objected on the ground that, there is evidence against the present applicants. Deceased had left a note before committing suicide. Handwriting expert opinion has been received. It has been opined that, the chit is in the handwriting of the deceased.
6. Heard learned advocate Mr. V.P. Savant for the applicant, learned Addl. Public Prosecutor Ms. P.V. Diggikar for State and learned Advocate Mr. R. D. Khadap for respondent No.2. Perused the police papers. All the learned advocates have argued in support of their respective contentions.
7. The fact that emerges is that, decea
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