In order to establish the offence of abetment of suicide, there must be a positive act on the part of the accused to instigate or aid in committing suicide. Mere harassment without any positive action proximate to the time of occurrence leading to suicide would not amount to an offence under Section 306 of IPC.

JUDGMENT

SHRIKANT D.KULKARNI, J. - Heard finally at admission stage with consent of both the sides.

2. By this application under Section 482 of Cr.P.C., the applicant is seeking relief of quashing of F.I.R. vide C.R.No.31 of 2020, registered with Basamba Police Station, District Hingoli, for the offences punishable under Sections 306, 506 read with Section 34 of the Indian Penal Code.

3. Keshav Babhnaji Wankhede (since deceased) was serving as Police Constable in Mumbai Police. Gayatri Keshav Wankhede/respondent no.2 (first informant) happened to be his wife. Keshav along with his friends Suhas Bhise, Rahul Bhise, Vinod Patil, Satish Chavan, one Mr. Talbhandare and Sunil Shirke had purchased one plot each in the year 2008 at village Devat near Panvel. They sold their respective plots and they had purchased two acres of land at village Vihighar from Mr Shailesh Dawda (accused no.2).

4. During this time, deceased met with applicant. The applicant informed the deceased that he was willing to purchase adjoining land and further shown readiness to make construction thereon together. Mr Shailesh Dawda played role as a broker and took Rs.7 lakhs from them. The applicant has paid Rs.1 Crore to deceased Keshav and then deceased purchased adjoining land from Shailesh Dawda. They formed company in the name of first informant under name and style as "Icon Builders and Developers".

5. The applicant alleged to have started harassing deceased by making demand of money, which was paid to deceased Keshav for purchase of land. About one and half years before, applicant alleged to have forcibly got transferred both the plots in his name by threatening the husband of the first informant.

6. Keshav started business of share trading and marketing and invested amount in Ventura Company of accused no.3/Jayant Patil by collecting money from various persons. Accused no.3/Jayant Patil initially gave good returns to deceased Keshav, however, later on, after four months, accused Jayant Patil ran away from the said business, due to which Keshav sustained huge loss in his business.

7. It is further alleged that deceased Keshav had earlier purchased construction office from accused no.2/Shailesh Dawda for an amount of Rs.1 Crore by a registered sale-deed. But, the said office was found already mortgaged with the Bank and that fact was suppressed by accused no.2. Deceased Keshav was continuously under tension due to abovesaid events. He fell ill and he was hospitalised on 5.1.2020 in Life Care Hospital at Panvel.

8. In the month of February 2020, mother-in-law of the first informant was not feeling well. Therefore, Keshav and his wife/first informant along with children went to village Isapur Ramna. On 12.2.2020, first informant went to her parental house at village Satamba. Whereas, Keshav was at village Isapur Ramna. On 13.2.2020, Dr. Sarang (nephew of deceased Keshav) informed the first informant that her husband has committed suicide by hanging himself to a tree in agricultural land.

9. On 20.2.2020, Gayatri Keshav Wankhede (respondent no.2) came to Basamba Police Station, District Hingoli and lodged F.I.R. against the applicant and three others. She alleged that her husband has committed suicide due to harassment caused by the applicant and co-accused. Her husband was continuously in stress because of huge losses suffered in the business of plotting and construction. It is alleged that applicant and his associates caused harassment and by using influence and pressure, got transferred the landed property standing in the name of first informant and her husband. The applicant alleged to have refused to execute agreement relating to the plots and caused mental torture. According to the first informant, her husband Keshav has committed suicide due to continuous harassment and torture caused by the applicant and his two associates.

10. On the basis of F.I.R. lodged by Gayatri (respondent no.2), Crime No.31 of 2020 came to be registered with Basamba Police Stati