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2019 Supreme(Bom) 312
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
P.N. Deshmukh, Rohit B. Deo, JJ.
Rakhi Rajkumar Giri – Appellant
Versus
State of Maharashtra – Respondent
Criminal Application No. 637 of 2017
Decided On : 05-02-2019
M.N. Ali, J.Y. Ghurde, A.O. Tote.
Headnote:
Indian Penal Code - Section 306 - Quashing of F.I.R – First Information Report – Claim of compensation - It is alleged in the report that, as applicant did not conceive after marriage she used to insult deceased as such causing him mental torture, due to which there was matrimonial discord and both were indulging in frequent quarrels - It is further alleged that in background of above facts, applicant got indulged with one who was residing in neighborhoods and their intimacy was known to their family members and as applicant found Complainant to be hurdle in their life applicant drove her out of house and had also given threats to Complainant to involve her in some false case, due to which Complainant preferred to reside at Amravati with her daughter – Held, On contrary as already stated aforesaid, statements on record would establish that since applicant was not conceiving after her marriage with deceased they had adopted a child - In that view of the matter, there appears no substance in the case of prosecution of applicant providing mental torture to her husband on this issue and this reason thus by itself do not directly or indirectly establish involvement of applicant for commission of suicide of deceased as there is nothing on record to show that applicant intentionally or in any manner, is engaged in abetting same or has instigated the deceased to commit suicide at any point of time - Law relied by learned Additional Public Prosecutor in case of and Another Criminal Appeal with Special Leave Petition cannot be applied having distinguishing facts as in that case there were definite allegations that the 1st respondent would keep on calling wife of victim on her mobile and keep harassing her which allegations were supported by statements of mother and wife of victim recorded during course of investigation - Similarly prior to the incident of suicide there was altercation between victim and 1st respondent. In the light of these facts coupled with the fact that suicide note made definite allegations against respondent High Court was not held to be justified in entering into question whether the 1st respondent had requisite intention to aid or instigate or to abet commission of suicide. Even investigation in that case was not complete when the application for quashing was filed and thus it was further observed that as no investigation was complete and charge-sheet, if any, was yet to be filed High Court ought not to have gone into aspect whether there was requisite mental element or intention on the part of respondent - In view of above facts, since the facts involved in present application are found totally distinguishing and as investigation is complete absence of any material court can safely arrive at conclusion that applicant is even not remotely connected with the present crime as documents in the case diary do not establish ingredients of abetment and since said ingredient is totally absent in instant case applicant cannot be compelled for any action for offence under Section 306 of Indian Penal Code as there is absolutely no positive act found attributed to applicant in the case involving her husbands death – Application allowed
P.N. Deshmukh, J.
1. Rule returnable forthwith. Heard finally with the consent of learned Counsel for the parties.
2. By filing this application, the applicant, who is wife of deceased, has invoked inherent jurisdiction of this Court for quashing of F.I.R. being F.I.R. No. 160 of 2017, dated 13.7.2017 registered by Police Station, Ladkhed against her on the strength of report lodged by non-applicant no. 2, mother of deceased, upon which offence punishable under Section 306 of the Indian Penal Code is registered by non-applicant no. 1.
3. The facts, in brief, giving rise to present application can be stated as under:
Deceased Rajkumar Santosh Giri was married to applicant in the year 2011, however, had no issue and had, therefore, adopted one boy named Rohit, aged three years. Deceased was working as a Clerk in the Health Department at village Gharefal, District Yavatmal. It is alleged in the report that, as applicant did not conceive after marriage, she used to insult deceased as such causing him mental torture, due to which there was matrimonial discord and both were indulging in frequent quarrels. It is further alleged that, in the background of above facts, applicant got indulged with one Rahul Chavan, who was residing in the neighbourhood and their intimacy was known to their family members and as applicant found Complainant to be hurdle in their life, applicant drove her out of house and had also given threats to Complainant to involve her in some false case, due to which Complainant preferred to reside at Amravati with her daughter.
It is further alleged in the report that, on 14.5.2017, dead body of deceased Rajkumar was found in a well situated in the field owned by one Balwant Jadhav at village Lasina. According to non-applicant no. 2, due to behaviour of applicant, applicant abetted commission of suicide by deceased. Mr. M.N. Ali, learned Counsel for the applicant contended that, from bare perusal of the report, no offence under Section 306 of the Indian Penal Code would be made out from the contents thereof and has further submitted that there is, thus, nothing to establish that deceased was instigated or was abetted or aided by applicant to commit suicide. However, since the applicant is falsely involved, application is prayed to be allowed.
4. On filing application, directions were issued by this Court to not to file charge-sheet. Investigation is complete. However, due to order as aforesaid, no charge-sheet could be filed. Learned Additional Public Prosecutor has produced case diary. We have perused the same and having found that though report was lodged by non-applicant no. 2 on 16.5.2017, no offence was registered till 13.7.2017. To a specific query put to learned Additional Public Prosecutor on this aspect, prosecution has filed Additional affidavit on record dt.21.1.2019. According to it, on receipt of information from Balwant Jadhav, Marg A.D. No. 29 of 2017 was registered and in spite of receipt of report from non-applicant no. 2 on 16.5.2017, in Post Mortem report since no probable cause of death was stated, offence could not be registered. It is further stated that thereafter Investigating Officer since was transferred on 27.5.2017 and his successor Mr. Vasant Madavi, P.S.I. joined on 12.6.2017, he took over investigation. However, since he could not contact non-applicant no. 2 even after several attempts, registered offence on 13.7.2017 when she ultimately visited the Police Station. According to Mr. J.Y. Ghurde, learned Additional Public Prosecutor, entire investigation in the crime is complete and Charge-sheet came to be filed.
5. While opposing the application, it is submitted that, according to Complainant, as applicant was not conceiving, she used to quarrel with the deceased and also used to give threats to him to transfer his property in her name and was also involved in extramarital affairs with one Rahul Chavan and since Complainant was found to be hurdle in between her relations with said Ra
