J.B. Pardiwala, J.

1. By this application under section 482 of the Code of Criminal Procedure, 1973, the applicant- original accused seeks to invoke the inherent powers of this Court praying for quashing of the F.I.R bearing C.R. No. 38 of 2015 registered with the Dhoraji Police Station, District Rajkot for the offence punishable under section 306 read with section 114 of the IPC.

2. The case of the prosecution may be summarized as under:

2.1 Respondent No. 2 herein is the original first informant. She happens to be wife of the deceased. The deceased committed suicide on 27.11.2008 for which F.I.R ultimately came to be lodged on 18.05.2015. It is the case of the first informant that her husband had disputes with the trustees of a Charitable Trust. The applicant herein was also one of the trustees. According to the first informant her husband committed suicide on account of mental torture and harassment at the hands of the accused persons.

2.2 It appears that the deceased left behind a suicide note. The contents of the suicide note in general are as under:

"In the year 2001, a function was organized. For the said function a contract was given to put up a pandal. The contractor put a huge bill running in lacs of rupees. I opposed to the same. A complaint was also lodged against me before the Charity Commissioner, Rajkot. I succeeded before the Charity Commissioner, Rajkot. Thus, people are not allowing me to live life peacefully."

2.3 It also appears that one F.I.R was lodged against the deceased for the offence of rape. On account of the same the deceased was disturbed. However, there is no satisfactory and cogent explanation at the end of the first informant as to why it took so many years for her to register F.I.R. In this regard, let me look into the affidavit in reply filed by the respondent No. 2 opposing this application. The relevant paras of the reply are as under:

"3. I deny all the averments, allegations and contentions of the petition. I state that there is prima facie case made out from the bare reading of the FIR. I say that because of the tremendous harassment and filing of false case of rape to lower down the reputation of our family more particularly the accused persons in connivance with each other just with a view to harass my husband created a plan of false implication in a rape case in connivance with one of the accused person who is a practicing lawyer.

4. I say that my husband opposed the scandal committed by the petitioner being a trustee of one of trust where my husband was also one of the member. Keeping this grudge in mind, petitioner any how wanted to teach a lesson to my husband. My husband initiated the proceedings before the Charity Commissioner against the petitioner and others for the scandal committed by the petitioner and this associates and also filed the complaints against them and the entire scandal was unearthed at the instance of my husband and therefore, my husband became an eyesore for the petitioner and his associates. Therefore, the present petitioner, his brother and other accused persons just with a view to take revenge of this thing, a false rape case got filed against my husband by the accused persons and tried to demoralize and lower down the reputation in the society. I say that because of such tremendous harassment and mental torture, a pressure was created by the accused persons which ultimately led to the incident of commission of suicide. I say that a suicide note is written by my husband which is seized by the police and was sent to the FSL also and there is a report from the FSL that the handwritings of the chit is of my husband. Therefore, there is a prima facie offence against the accused persons.

5. I say and submit that the ingredients of the alleged offences are made out from the complaint as well as from the suicide note. There are evidence against the accused persons at least to put them on trial. Therefore, at this stage it cannot be said that no offence is made ou