The main legal point established is that the determination of abetment and intention behind the alleged actions should be based on trial evidence and not quashed prematurely.

JUDGMENT

B.U. Debadwar, J. - This is an application under section 482 of the Code of Criminal Procedure, 1973 (In short, "the Cr.P.C."), for quashing FIR.

2. The applicant prays to quash the FIR No.0032/2019, registered on the basis of the report lodged by Shankar Pandurang Uchit, on 07.02.2019 under section 306 of the Indian Penal Code (In short, "the I.P.C."), at Kannad City Police Station, Dist.Aurangabad.

3. Heard Mr.Suvidh Kulkarni, the learned Advocate for the applicant, Mr.Yogesh Bolkar, the learned Advocate for respondent No.2 and Mr.S.J. Salgare, the learned Additional Public Prosecutor for respondent no.1-State.

4. The allegations/averments made in the FIR, in short, are that deceased Ratan Pandurang Uchit was elder brother of first informant- Shankar Pandurang Uchit. He was agriculturist by profession. His first wife was a Cancer patient. She had committed suicide, getting depressed with Cancer of which she was suffering. Deceased Ratan has two children born from the first wife. After the death of first wife, Ratan performed second marriage with applicant on 11.09.2018, as per Hindu rites and customs, prevailing in their community, at Mayur Park area of Aurangabad. The first husband of the applicant had died prior to her marriage with deceased Ratan Uchit. After marriage, the applicant used to pick-up quarrel with deceased Ratan Uchit, frequently on petty reasons. Ratan Uchit used to inform about the same to his younger brother i.e. first informant Shankar Uchit. On 07.02.2019, at about 8.30 a.m., when Shankar Uchit -first informant had been to his field situated within the limits of village Makranpur, so as to bring milk, at that time, his cousin brother Pandit Uchit informed him that Ratan Uchit has committed suicide by hanging himself to the Neem Tree, standing on the dyke of their field. Upon knowing the same, Shankar Uchit rushed to the aforesaid spot and saw his brother Ratan Uchit hanging to the tree. In pursuance of the information received, the Police reached there, removed the dead body of Ratan Uchit from the Neem Tree, to which he was hanging and prepared the inquest panchanama. During the course of drawing inquest panchanama, along with a Cell Phone, one suicide note was found in the pocket of pant worn by deceased Ratan. From the contents of that suicide note, Shankar Uchit-first informant has realized that his brother Ratan Uchit has committed suicide by getting fed-up with quarrels raised by the applicant constantly. After performing funeral and last rituals on the dead body of Ratan Uchit, one more suicide note left behind by him was found kept near a Speed Meter of motorcycle bearing no.MH-20 DL-1726. The recitals of the said suicide note were identical with the earlier suicide note found in the pocket of pant of Ratan Uchit. According to Shankar Uchit - first informant, his brother Ratan Uchit has committed suicide by getting fed-up with the quarrels being raised by the applicant frequently for petty reasons. Therefore, the applicant is responsible for the suicide death of his brother Ratan Uchit.

5. Mr.Suvidh Kulkarni, the learned Advocate, while taking us through the FIR, annexed to the application, vehemently argued that only after four months and six days of marriage with applicant, Ratan Uchit has committed suicide. FIR sought to be quashed has been registered for the offence of abetment to commit suicide punishable under section 306 of the I.P.C. The allegations about abetment made in the FIR are very much vague in nature. Details of alleged quarrels do not find place in the FIR In order to bring home guilt under section 306 of the I.P.C., it is necessary to prove the abetment. Section 107 of the I.P.C. defines 'Abetment'. On the basis of the allegations made in FIR, it cannot be gathered that either the applicant instigated or intentionally aided deceased Ratan Uchit for commission of suicide. Allegations made in FIR that the applicant used to pick-up petty quarrels with deceased Ratan Uchit fre