The judgment emphasizes the need for concrete evidence to establish the offence of abetment of suicide under Section 306 of the IPC, highlighting the legal requirements and the absence of continuous harassment in this case.

JUDGMENT :

Abhay S. Waghwase, J.

Applicants accused herein have prayed for following reliefs.

“B] That, proceeding in R.C.C. No.906 of 2021 pending before learned Judicial Magistrate First Class, Aurangabad under section 306, 498-A, 304-B, 323, 504, 506 r/w 34 of Indian Penal Code registered with Harsul Police Station as Crime No.03 of 2021 may kindly be quashed and set aside.

B-1] That, proceeding in session case no.167 of 2021 pending before the learned Session Judge, Aurangabad under section 306, 498-A 304-B, 323, 504, 506 R/w 34 of the Indian Penal Code registered with Harsool Police Station as Crime No.03 of 2021 may kindly be quashed and set aside.”

2. Brief background of the case :

Deceased Ashwini was married to Dhammapal Bhimrao Wankhede on 19-02-2020. Deceased Ashwini committed suicide on 02-01-2021 and therefore, her father i.e. respondent No.2 set law in motion informing that his deceased daughter was treated properly merely for two months after marriage and thereafter, her husband started demanding share in the agricultural land of the informant and also demanded Rs.1,00,000/- and on such count quarreled with her. Informant claims that because of harassment to his daughter, he shifted her temporarily to house of his younger daughter Divya but there also her husband reached, beat his deceased daughter Ashwini and took her away. Hence, he went to meet his daughter but she was not found in the house of husband and so he approached house of present applicants, who are cousin fathers-in-law of his deceased daughter. Allegation is raised that present applicants quarreled with informant and prevented informant from taking his daughter with him and so he returned back.

On 02-01-2021, informant received a phone call from one Gautam Ghorpade at around 08:00 p.m. informing that Ashwini had hung herself and he was informed that she was taken to hospital. When he reached Aurangabad, he came to know that Ashwini was admitted and treated in Ghati Hospital but she died on 04-01-2021 and Doctor informed him that her death was due to hanging. Hence, the FIR.

3. On the strength of above allegations, crime bearing No.03 of 2021 was registered and after investigation, applicants - accused were arrested. Present applicants – accused Nos.6 and 7, who are cousin fathers-in-law of deceased Ashwini, are now praying to invoke inherent powers under Section 482 of Code of Criminal Procedure (for short ‘Cr.P.C.’) for grant of aforesaid reliefs.

Submissions

4. Learned Advocate for the applicants took us through the FIR and pointed out that impleadment of present applicants is in absence of any material, and no specific role whatsoever is attributed to them with regard to any demand, harassment or abetment to commit suicide. He would strenuously submit that both applicants are in fact cousin fathers-in-law of deceased Ashwini and they had nothing to do with domestic affairs of deceased, her husband and other in-laws. They are residing separately at different places than the residence of deceased and her husband. He would thus submit that there is an attempt by informant to implicate not only family members but also distant relatives. He also took us through the statements of witnesses recorded by Investigating Officer under Section 161 of Cr.P.C. and urged before us that from the statements of such witnesses also it is clear that there is no role of abetment, incitement or any sought of harassment at the hands of the applicants so as to fix responsibility on them. Lastly, he submitted that even if the allegations in the FIR are prima facie examined, no offence under Section 306 of the IPC could at all be attributed or made out against present applicants and thus, it is his submission that initiation of criminal proceedings against applicants, being abuse of process of law, it’s nullification and quashment by exercising powers under Section 482 of Cr.P.C. is necessary.

5. In answer to above, learned APP for respondent No.1 submits that applicants are named