R.G. AVACHAT, J.

1. Rule. Rule made returnable forthwith. With the consent of learned counsel for parties and learned A.P.P., heard finally.

2. By this Writ Petition, under Article 226 and 227 of the Constitution of India, the petitioner has prayed for quashment of the First Information Report ("FIR", for short), lodged by respondent No.2 with Taluka Police Station, Ahmednagar, pursuant to which C.R. No.363/2017, for the offence punishable under Section 306 of the Indian Penal Code ("IPC", for short), came to be registered.

3. Respondent No.2 - Smt. Mandubai is the widow of the deceased - Santosh Bade. She lodged FIR, impugned in this petition, alleging therein that the deceased Subhash had ancestral agricultural land, being Gut No.163, situate at Chandbibi Mahal. The petitioner and the deceased, by entering into a partnership, started hotel business on the said land. The petitioner did not give accounts of the hotel business. The hotel was closed six months after it was opened, on the ground that the partnership incurred loss in the business. It is further alleged in the FIR that the petitioner started asking the deceased to convey the title of the agricultural land Gut No.163 in his name in consideration for the expenditure incurred by him for construction of hotel premises. The deceased had also received a notice of the court proceeding, initiated by the petitioner. In response to the notice, the deceased had been to the court. The deceased had informed the first informant that so as to ensure that the suit instituted by the petitioner against the deceased would proceed exparte, the petitioner through his henchmen had prevented the deceased from causing appearance in the court proceeding.

It is further alleged in the FIR that on 14th November, 2017, between 12.00 noon and 1.00 p.m., the petitioner called on the cell phone of the deceased. The first informant, the deceased and their daughter, Priyanka were at home. The deceased switched on the speaker of the cell phone. They heard the petitioner asked the deceased to come to his home, at Bhingar and transfer the agricultural land to him, lest he would see to him. It was a threatening call. On intervening night of 14th and 15th November, 2017, the deceased committed suicide by hanging from ceiling iron pipe, at his residence. A suicide note was found on the person of the deceased. It has been mentioned in the suicide note that the petitioner claimed the deceased to have owed him Rs.3,00,000/-.

According to the first informant, the deceased committed suicide due to harassment meted out to him by the petitioner.

4. Pursuant to the FIR, lodged by the widow of the deceased (first informant), crime vide C.R. No.363/2017 has been registered against the petitioner for the offence punishable under Section 306 of the IPC. The petitioner has, therefore, preferred this Writ Petition for quashment of the FIR.

5. Mr. K.C. Sant, learned counsel appearing for the petitioner, would submit that a false FIR has been lodged with the police against the petitioner. The deceased had entered into an agreement with the petitioner on 4th December, 2012 for sale of his agricultural land. The entire consideration amount of Rs.60,000/- had already been paid to the deceased. Sale-deed was to be executed within a period of one year from the date of execution of the agreement for sale. Since the deceased did not keep his word, the petitioner instituted a suit in the Court of Civil Judge, Senior Division at Ahmednagar for specific performance of contract. The deceased had received suit summons. He did not appear before the Court. He has, therefore, been marked as exparte. According to the learned counsel, the petitioner did not have any reason to compel the deceased to commit suicide. NO ingredients of the offence of abetment of suicide are attracted. Learned counsel would further submit that even if the allegations in the FIR are taken as it is and read in its entirety, prima facie, no offence is disclo