JUDGMENT

Jasgurpreet Singh Puri, J. (Oral)

The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of the FIR No.64 dated 24.05.2018, under Section 306 of the INDIAN PENAL CODE , registered at Police Station City Raikot, District Ludhiana alongwith all other consequential proceedings arising therefrom.

2. In the present case, notice of motion was issued by this Court on 09.11.2021 and thereafter an application was filed by the petitioner for placing on record some documents including the supplementary report qua the petitioner under Section 173 of the Code of Criminal Procedure. In the application as well notice was issued by this Court. The Registry of this Court has reported that respondent No.4, who is the complainant, has been served. Rather as per the report of the Registry, respondent No.4 has been served both in the main case as well as in the application. The summons have been received by respondent No.4 after fixing signatures. Photocopy of both the aforesaid reports are Marked as 'X' and 'Y', respectively and shall become a part of the present order. Respondent No.4 has not caused appearance despite being served twice. As such, this Court would proceed in the absence of any representation by respondent No.4. The State has already filed reply in the present case.

3. The brief facts of the present case are that an FIR was lodged on the basis of a statement made by Sukhpal Singh-respondent No.4 who is son of Baljinder Singh son of Ajaib Singh. The aforesaid Baljinder Singh, who is the father of the complainant, is the deceased in the present case who committed suicide and thereupon the present FIR was registered under Section 306 IPC. The FIR is based upon suicide note containing the allegations pertaining to the death of the aforesaid Baljinder Singh who was serving as a Head Constable in the police and who killed himself by shooting himself and had also executed a suicide note in this regard which has been appended with the present petition as Annexure P-6. The aforesaid suicide note is reproduced as under:-

"Suicide Note

The statement of H.C. Baljinder Singh No.613, Police Station City, Raikot, village Baroondi, District Ludhiana, Aged 50 years.

I stated that I am doing suicide due to harassment by the above persons against Ajaib Singh s/o late Kahta Singh, Shamsher Singh s/o Ajaib Singh, Sukhwinder Singh s/o Ajaib Singh, Bahadur Singh Fauji s/o late Jarnail Singh, all residents of Baroondi and Balraj Singh s/o late Sh. Mukhtiar Singh, resident of Rajgarh, Harbant Kaur w/o Tejinder Singh, s/o Balhiar Singh, r/o Gobindgarh, they all are resident of village Chauki Jalaldiwal. Note: The Tehsildar Raikot has taken Rs. One lakh from me for not cancelling the registry, however Registry is cancelled. Kindly get Rs. One lac from Tehsildar and be paid to my children failing which case may be registered against Tehsildar.

Sd/- Baljinder Singh

In English"

4. As per the suicide note, the deceased has stated that he is dying due to harassment by Ajaib Singh s/o late Kahta Singh, Shamsher Singh s/o Ajaib Singh, Sukhwinder Singh s/o Ajaib Singh, Bahadur Singh Fauji s/o late Jarnail Singh, Balraj Singh s/o late Mukhtiar Singh, Harbant Kaur w/o Tejinder Singh, s/o Balhiar Singh, r/o Gobindgarh. In this way, a number of persons have been named in the suicide note. The complainant while lodging the FIR also alleged that his father had said that he is doing suicide by shooting himself due to harassment by Shamsher Singh and Ajaib Singh. The complainant has nowhere stated the name of the present petitioner, although his name figured in the suicide note.

5. At the time of investigation, the reason for committing of the suicide had co