The main legal point established in the judgment is that mere allegations of misconduct or pressure on a deceased person do not necessarily constitute abetment of suicide under Section 306 of the IPC.

JUDGMENT :

1. RULE. Mr. Himanshu Patel, learned APP waives service of notice of rule on behalf of the respondent No.1 and Mr. Mig Mansuri, learned Counsel waives service of notice of rule on behalf of the respondent No.2 - original complainant

2. By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’, for short), the petitioners have prayed for following reliefs:

"7(A) YOUR LORDSHIP may be pleased to admit and allow this application;

(BB) Your Lordship may be pleased to allow this petition by quashing and setting aside the FIR being FIR No. 11192029210365 of 2021 registered with Koth Police Station, Ahmedabad Rural annexed at Annexure A and further be pleased to quash and set aside Criminal Case No. 389 of 2022 pending before Court No.5 learned Additional Civil Judge and Judicial Magistrate First Class, Dholka at Ahmedabad pending at the stage of committal in the interest of justice.

(CC) Pending admission, hearing and till final disposal of the petition this Hon'ble court may be pleased to stay the further proceeding arising out of the FIR as FIR No. 11192029210365 of 2021 registered with Koth Police Station, Ahmedabad Rural annexed at Annexure A and further be pleased to stay the Criminal Case No. 389 of 2022 pending before Court No.5 learned Additional Civil Judge and Judicial Magistrate First Class, Dholka at Ahmedabad pending at the stage of committal in the interest of justice.

(D) YOUR LORDSHIP may be pleased to grant such other and further reliefs that may be deemed, fit and proper in the facts and circumstances of the case."

3. Heard learned Senior Counsel Mr.Yatin Oza, assisted by learned Counsel Ms. Gayatri P. Vyas for the petitioners, learned APP Mr. Himanshu Patel, for Respondent No.1 – State and learned Counsel Mr.Mig Mansuri for Respondent No.2 – original complainant.

4. With the consent of the learned Counsels appearing for the respective parties, the petition is taken up for final hearing today.

5. It is the case of the petitioners that the deceased Danabhai Mohanbhai Makwana was working as Manager with the petrol-pump namely "Shraddha Petrol-pump" at Loliya of the present petitioners. While working as Manager there was some malpractices and misappropriation was done by the deceased and therefore, the petitioners asked about the complete details of the account with regard to the payment which was received against the sale of the petroleum products to the customers. Though, the deceased has collected the money from the customers, it was not deposited nor it was mentioned in the account and therefore, there is a serious dispute with regard to the account. Therefore, the petitioners have asked the deceased to give the details of the account with regard to the day to day business during his tenure as a Manager, as the petitioners have received the complaint from the persons that they have paid the money long back however, the said amount was not credited. Therefore, the deceased took the unfortunate steps and committed suicide by pouring inflammable material on him.

6. Thereafter, the Respondent No.2, who is the original complainant, registered an First Information Report (‘FIR’ for short) being I – C.R.No. 11192029210365 of 2021 with Koth Police Station, Ahmedabad Rural for offences under Sections 306 and 114 of the Indian Penal Code (“IPC” for short) against present petitioners stating that the deceased was her husband and working as a Manager with the Petrol-pump of the petitioners for last four years. She further stated that her husband was getting salary of Rs.25,000/- per months. She has stated that the petitioners have pressurized the deceased and made false and frivolous allegations upon the deceased with regard to the account and had threatened the deceased for commission of alleged offence of suicide. As a result of which, her husband had committed suicide by pouring inflammable material on him. He was taken to the civil hospital on 19.8.2021 in 108 Ambulance, where the concer