The judgment established that to prove abetment of suicide, there must be active instigation or facilitation of suicide, and mere harassment without positive action may not constitute an offence under Section 306 of the Indian Penal Code.

JUDGMENT

Shrikant D Kulkarni, J. - Heard finally at admission state with consent of both the sides.

2. By this application under Section 482 of the Code of Criminal Procedure, the applicants are seeking the following substantive prayers.

"C. The First Information report bearing Crime No.561 of 2019 dated 26 October, 2019 registered with Gandhi Chowk Police Station, Latur, Tq. and Dist. Latur under section 306 r/w 34 of the Indian Penal Code may kindly be quashed.

C-1 The Regular Criminal Case No. 20 of 2020 arising from the Crime No.561 of 2019 registered with Gandhi Chowk Police Station at Latur, Dist. Latur on 26 October, 2019 under Section 306 r/w. 34 of the Indian Penal Code, and pending in the court of ld. Chief Judicial Magistrate, Latur, Tq. And Dist. Latur against the applicant may kindly be quashed and set aside.

Factual Scenario

2. Dnyanoba Shinde (deceased) was the father of first informant Sachin Shinde, resident of Srikrishna Nagar, Latur. Late Dnyanoba Shinde, in the year 2018 had agreed to purchase one plot from the applicant for Rs.18,05,000/-. Late Dnyanoba Shinde had given an earnest money of Rs.03,05,000/-in three installments. The said transaction came to be cancelled for want of clearance from the town planning department. Late Dnyanoba Shinde requested to the applicant to repay the earnest money. Part of the amount of earnest money was paid to Late Dnyanoba Shinde. For the remaining balance amount, the applicant had issued the cheque dated 22.10.2019. The applicant alleged to have avoided to make payment of balance amount. The cheque given by the appellant came to be dishonoured. The applicant alleged to have avoided to make payment of the balance amount of the transaction due to which mental condition of the father of the first informant was disturbed.

3. On 25.10.2019, father of the first informant left the house in the morning and committed suicide by hanging. One suicide note was found in the pocket of the deceased, wherein the name of the applicant and others were mentioned making them responsible for such suicide.

4. On the basis of the first information report lodged by the son of the deceased namely Sachin Dnyanoba Shinde, crime no.561 of 2019 came to be registered under section 306 read with section 34 of the Indian Penal Code with Gandhi Chowk Police Station, Latur. After the inquest panchanama, the dead body was sent to Government Medical College and Hospital at Latur for postmortem examination. The medical officer who has conducted autopsy given probable cause of death in the case "Asphyxia due to hanging, viscera preserved for chemical analysis".

5. The investigating officer has completed the investigation and filed the charge-sheet against the applicant and others in the Court of Chief Judicial Magistrate, Latur, which is in the process of committal.

6. In the above background, the applicant is before us with a prayer for quashing of first information report / crime no. 561 of 2019 and consequent filing of charge-sheet registered vide Regular Criminal Case No.20 of 2020 pending on the file of learned Chief Judicial Magistrate, Latur.

7. Heard Mr. N.D. Kendre, learned counsel for the applicant, Ms. P.V. Diggikar, learned APP for respondent No.1 / State and Mr. S.S.Panale, learned counse for respondent no.2 / first informant.

Submissions of learned counsel for the applicants

8. Mr. N.D. Kendre, learned counsel for the applicant vehemently submitted that the crime is registered only to harass the applicant. There is no prima facie material to attract Section 306 of the Indian Penal Code. The alleged suicide note is not written by the deceased as revealed during the course of investigation. The alleged sale transaction between the parties was of purely civil nature. There is no iota of evidence to show that the applicant has instigated to deceased to commit suicide. The first informant has put the criminal law in motion only to pressurize the applicant. Mr. Kendre, learned counsel for the applicant urged t