JUDGMENT :

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. being C.R.No.11206038210259 of 2021 filed before the Laghnaj Police Station, District-Mehsana, for the offence punishable under Sections-306, 498A and 114 of the I.P.C.

2. Brief facts of the present case are as under:-

2.1 That the deceased and Jaydeepsinh married in the year 2009. Their married life was more than 12 years and from the wedlock, a son viz. Jayveersinh was born, who is 04 years old. The deceased viz. Kinjalba aged 30 years was residing together with her in-laws. It is alleged that after 05 years of the marriage, no child was born and therefore, the accused subjected the deceased to mental and physical harassment due to which the deceased would come back to her parental home and after counseling, she was sent back to her matrimonial home by the informant and others. Thereafter, a son viz.Kanji was born. It is further alleged that 12 months before the alleged incident, the deceased told the first informant that the accused has sold away ornaments given to her and whenever she demanded the same, she was mentally and physically harassed. That on 18.04.2021, the deceased committed suicide by hanging. Therefore, the father of the deceased has filed the FIR against the applicant.

3. Rule returnable forthwith. Mr. Soaham Joshi, the learned APP waives service of notice of rule for and on behalf of the respondent No.1- State of Gujarat. Mr. H.M. Shah, the learned advocate waives service of notice of rule for and on behalf of the respondent No.2- original first informant.

4. Heard learned advocates for the parties.

5. Mr. Tejas Barot, learned advocate for the applicants has submitted that the present complaint is filed, which amounts to abuse of process of law as no ingredients under Section- 498A or Section-306 of IPC are made out. He has further submitted that on bare reading of the FIR, no prima-facie case is made out against the present applicants as there is no proximity of the incident occurred by way of commission of suicide by the deceased and the alleged incident of such alleged mental harassment as well as physical harassment was occurred prior to 12 months before such incident of suicide has taken place. He has further submitted that no suicide note is found at the place of incident or thereafter. He has further submitted that regarding allegation made under Section-498A is concerned, no material is available on bare reading of the FIR, to believe that the offence constituted under Section-498A of the IPC. He has further submitted that in the FIR, general allegations is made against the present applicants and also considering the other papers of chargesheet, no believable material available on the record by which it can be said that offence under Section-498A is made out against the present applicants. Therefore, in view of settled position of law, the present application is required to be allowed as neither offence under Section – 306 nor 498A is made out.

6. In support of his submission, he has relied upon the judgment of Hon’ble Supreme Court in the case of Vaijnath Khandke Vs. State of Maharashtra & Another reported in (2018) 7 SCC 781 more particularly, paragraph-5 & 7. He has also relied upon the judgment of Hon’ble Supreme Court in the case of Arnab Manoranjan Goswami Vs. State of Maharashtra & Others reported in (2021) 2 SCC 427 and submitted that the Court has ample powers under Section-482 of Cr.P.C. read with Article 226 of the Constitution of India. He has further relied on judgment of Hon’ble Supreme Court in the case of Ude Singh & Others Vs. State of Haryana reported in (2019) 17 SCC 301 and submitted that the ingredients of Section -306 of IPC is explained in this judgment more particularly, the word “abetment” and “instigation”. Therefore, considering this judgment, no offence is made out against