JUDGMENT :

Abhay S. Waghwase, J.

1. Instant criminal application is with prayers for quashing crime and consequential chargesheet arising out of FIR at the instance of R.2 Sarika Salpe which was registered for offences punishable under Sections 306, 323, 504, 506 r/w 34 of the Indian Penal Code (for short, ‘IPC’).

FACTUAL MATRIX

2. Respondent no.2 set law in motion informing Neknoor police that she is resident of Bhandarwadi and she and her husband run a flour mill for their livelihood. According to her, eight days back, wife of her neighbour Chandrakant Sawant had taken 20 kg. wheat on credit and assured to pay later on. When money was demanded, she assured to pay when she would come to the flour mill.

On 06.04.2018, daughter of said Chandrakant went to the flour mill. At that time complainant’s husband asked the girl to bring money of the wheat and the girl went away. Shortly thereafter, it is alleged that wife of Chandrakant and his sister came to the flour mill and abused the husband of complainant in filthy words and they beat him with footwear. Complainant claims to have intervened to save her husband upon which, wife of Chandrakant beat her also. Thereafter, they went away threatening that they would come back again in the evening. According to complainant, because of the said incident, her husband was frightened. Around 7.00 p.m. to 8.00 p.m. again Chandrakant, his wife and sister along with Rahul Maske (present applicant) came in front of their house and further asked her to send him out and threatened that if her husband does not turn up, she and her children would be picked up and taken away. Because of such event, her husband was too much terrified.

On same night, crime was registered against her husband for molesting daughter of Chandrakant. Informant claims that, shocked by the false complaint, her husband left the house i.e. to go to his native, fearing that he would be defamed and beaten by gunda elements. Again on 08.04.2018, above persons visited the house of complainant in search of her husband Mahadev. At such time also they threatened that if her husband does not turn out, she would see his dead body.

On 09.04.2018 at 9.00 a.m., phone call was received to come to the native urgently. When the complainant reached there, she learnt that her husband had hanged himself to a neem tree. Therefore she lodged the complainant holding applicant responsible for the suicide.

3. On the strength of above complaint, Neknoor police registered crime bearing no. 83 of 2018 for the offence punishable under above Sections. Investigation was carried out and completed and charge-sheet was filed.

It is the above FIR and the charge-sheet which is now sought to be quashed and nullified by the applicant by exercise of inherent power under Section 482 of the Code of Criminal Procedure (for short, “Cr.P.C.”).

SUBMISSIONS

4. Learned counsel for applicant would submit that FIR and allegations therein are false and afterthought. Taking us through the contents of the FIR, it is his submission that present applicant is an advocate. Deceased himself had indulged in committing offence of molestation and therefore crime was registered and police were on a look out for him. Deceased had absconded. There was no incident of taking wheat on credit or demanding its money. According to learned counsel, applicant has no nexus with the suicidal hanging and is in no manner concerned with the alleged episode that took place between complainant and deceased on the one hand and the co-accused on the other. He pointed out that no specific role is attributed to the present applicant in the entire FIR. It is also his submission that there is no material indicating abetment to commit suicide and therefore, according to him, charge under Section 306 of IPC is misplaced. It is pointed out that there is no material whatsoever to show that there was any continuous harassment, instigation or abetment with intention that deceased should suicide, nor there was creation of su