Point of Law : Mere extramarital relationship, without anything more cannot be treated as sufficient to invoke the provisions of Section 306 IPC.

JUDGMENT :

Pushpa V. Ganediwala, J.

Rule. The rule is made returnable forthwith. Heard finally with the consent of learned Counsel appearing for both sides.

2. The applicants in both these applications are seeking quashing of First Information Report (FIR) No.47/2019 dated 25-01-2019 registered at Police Station Washim, District Washim, for the offences punishable under Sections 498-A, 306, 323, 504, and 506 of the Indian Penal Code (IPC). This Court issued notice on 28-08-2019 to the non-applicants and by way of interim relief directed that though the investigation shall be carried on, no chargesheet shall be filed without obtaining leave of this Court.

3. Application (APL) No.1168/2021 is the joint application filed by the applicant No.1/accused/Abhishek Ghuge/husband and applicant no.2 Chanda Sanap/mother of the deceased Neeta Abhishek Ghuge for quashing of the aforesaid FIR on the ground of settlement between the parties.

4. Applicant nos. 1 to 3 in Criminal Application (APL) No.846/2019 are the relatives of applicant-husband Abhishek Ghuge. The allegations against these applicants in the FIR are that these persons were supporting the applicant husband. There are absolutely no specific allegations against these applicants about their role in the abetment of suicide by the deceased.

5. The applicant no.2 in Criminal Application (APL) No.1168/2021, the mother of deceased on whose complaint the aforesaid crime came to be registered now states that she had lodged the report under rage and without giving a proper thought to the factual situation. It is stated that she was unable to take a balanced decision and was driven by the sorrow of the loss of her daughter who was suffering from mental disorder and committed suicide due to a vulnerable mental condition. Finally, applicant no.2 states that she does not want to pursue further the prosecution against the applicant no.1-Abhishek Ghuge and the other applicants/accused.

6. In the FIR, it is alleged that the applicant Abhishek, the husband of the deceased Neeta was having extra-marital affair with some other girl, due to which the deceased was undergoing physical and mental harassment at the hands of her husband and relatives, which culminated in her suicide.

7. Learned Senior Counsel Mr. Mardikar urged for quashing of the FIR as this is not a case of abetment of suicide of the deceased at the hands of the applicants as there are no direct allegations against the applicants with regard to their willful conduct which is of such a nature which drove the deceased to commit suicide. Mr. Mardikar further stated that the mental condition of Neeta was not good as she was undergoing psychiatry treatment since the year 2016. On earlier occasion also in 2011 she attempted to commit suicide. Learned Sr. Counsel urged that in similar facts situations this court and other High Courts have quashed the FIR on the ground of compromise between the parties. Mr. Mardikar in support of his submissions relied on the judgment of the Division Bench of this Court in Rajik Ahmad Anwar Ahmad vs State of Maharashtra and another in Criminal Application (APL) No.36/2018 dated 22-06-2018 (Coram -R.K. Deshpande and Arun D. Upadhye, JJ.) wherein this Court based on the judgment in the case of Dilip s/o Ramrao Shirasao and Ors. vs State of Maharashtra and another, reported in 2016 ALL MR (Cri) 4328 quashed the FIR registered for the offence punishable under Section 306 of the IPC on the ground that the complainant/informant has settled her score with the applicants.

8. Learned Senior Counsel Mr. Mardikar also relied on the judgment in the case of Harmesh Singh and another vs State of Punjab and another, reported in CRM-M-37957-2015 date 09-02-2017. In the said judgment the High Court of Punjab and Haryana at Chandigarh placed reliance on the series of judgments of other High Courts and quashed the FIR for the offence punishable under Section 306 of the IPC, on the basis of compromise arrived at between the parties.

9. Le