The main legal point established in the judgment is the application of Section 482 of the Cr.P.C. to determine the quashing of an FIR based on the lack of specific allegations and overt acts against the accused.

K.K. SONWANE, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for parties at admission stage.

2. The applicants preferred present application under Section 482 of the Code of Criminal Procedure (“Cr.P.C.”) seeking relief to quash and set aside the First Information Report (“FIR”) bearing No. 0362 of 2018 registered at Mukhed Police Station, Mukhed, District Nanded, for the offence punishable under Sections 143, 147, 149, 323, 504 and 306 of the Indian Penal Code (“IPC”).

3. It has been alleged on behalf of prosecution that the first informant – Shakuntalabai W/o Narsingrao Patil approached to Police of Muked Police Station, District Nanded on 04-12-2018 and ventilated the grievance that the marriage of her son Shivshankar was solemnized on 14-06-2013 with one Ashwini @ Pooja daughter of Sanjay Kale resident of Kasrali, Taluka Biloli, District Nanded. After the marriage, Ashwini @ Pooja joined the company of her husband Shivshankar at her matrimonial home, located in Mukhed town for cohabitation. It has been alleged that Ashwini @ Pooja had an immoral relations with one Datta Bhimrao Chintalwad, resident of Mukhed. She had also insisted to install banner of paramour Datta Chintalwad in front of her house on the occasion of his birthday. The immoral character of Ashwini @ Pooja caused frequent quarrel between the spouses. There were attempts to give understanding to Ashwini @ Pooja, but it did not evoke result. The son- Shivshankar of the first informant always remained under mental stress. It has been contended that during period of 24-11-2018 to 27- 11-2018, the in-laws of son - Shivshankar as well as present applicants served the excessive liquor to Shivshankar under pretext of increase in the salary of his father-in-law. On 27-11-2018, the in-laws of deceased Shivshankar including applicants visited to house of complainant. They reprimanded the son Shivshankar for what reason he used to suspect the character of wife-Ashwini @ Pooja. They hurled abuses and caused damage to the domestic articles in the house. Thereafter, they took the wife Ashwini @ Pooja with them. In view of frequent quarrel following marital discord, the deceased Shivshankar became frustrated. Fed up with the daily harangue, the deceased – Shivshankar consumed poisonous insecticide. After alleged suicidal attempt the wife Ashwini @ Pooja rushed to the Police Station for lodging complaint and at that time mother, paramour- Datta Chintalwad, father Bhimrao as well as both the applicants were accompanied with her. The husband deceased Shivshankar saw all three persons in the Police Station with the wife Ashwini and thereafter he once again gulped the poisonous insecticide in front of premises of Police Station. He was admitted in the Hospital for medical treatment. Unfortunately, he succumbed to the poison on very same day i.e. on 27-11-2018, at about 3.30 p.m. According to first informant, her daughter-in-law Ashwini @ Pooja had an illicit relations with her paramour Datta Chintalwad. It has been alleged that on the day of incident, mother of Ashwini @ Pooja as well as both the applicants and others manhandled and roughed up the deceased Shivshankar for the reason why he has suspected character of his wife - Ashwini @ Pooja. Fed-up with the humiliation and frequent dispute following marital discord, the Shivshankar committed suicide by consuming poisonous substance and the applicants and others abetted the commission of suicide by the deceased Shivshankar.

4. Pursuant to FIR, Police of Mukhed Police Station registered the crime and set the penal law in motion. Both the applicants are arraigned for the offence of abetment to commit suicide as well as assault to deceased Shivshankar by committing riot.

5. Being aggrieved by registration of crime, the applicants preferred the present application invoking remedy under Section 482 of the Cr.P.C. seeking relief to quash and set aside the penal proceeding initiated