1. This petition has been filed under section 482 of the CrPC for quashment of criminal proceedings pending before the 13th Additional Sessions Judge, Indore in Sessions Trial No.463/2014.

2. Brief facts of the case are that Sunil s/o Nandkishre died by hanging himself. He was taken to hospital and information was sent to P.S. Tukoganj about the death of Sunil, against which, merg intimation No.06/2014 under section 174 of the CrPC was recorded. During enquiry, it was found that deceased has taken loan from Yash Finance which was run by Titu @ Rajkumar and Anand @ Baba. They were charging high rate of interest. It was also found that Titu @ Rajkumar, Anand @ Baba Piyush, Raja @ Raju and Rajendra used to harass the deceased. One Ramjan also caused loss of Rs.25,00,000/- to the deceased. Due to harassment made by the aforesaid persons, deceased committed suicide. During investigation, suicide-note alleged to have been written by the deceased has also been seized and after due investigation, charge-sheet has been filed against the applicant.

3. It is submitted by learned counsel for the applicants that there is no prima facie material against the applicants for abetting the deceased to commit suicide. The ingredients of abetment are absent in the present case. It is further submitted that applicants have never harassed the deceased. If the contents of the alleged suicide note are taken into consideration, no case is made out against the applicants. Prosecution of the applicants amounts to abuse of process of law. It is prayed that proceedings pending before the 13th Addl. Sessions Judge, Indore in Session Trial No.463/2014 be quashed.

4. On the other hand, learned counsel appearing on behalf of the respondent/State submitted that from the material collected during the investigation, prima facie there is sufficient material against the applicant, therefore, proceedings cannot be quashed.

5. I have perused the record in light of the submissions of learned counsel for the parties. Sharmila Jain, wife of the deceased in her case-diary statement has stated that Rajkumar @ Titu was the friend of her husband. He was running business with her husband. After 1995, they have separated. Titu Tiwari, Baba Tiwari, Raja Yadav, Piyush Pal and Rajendra Sharma @ Raju gave beating to her husband and they were demanding money, then she came to know that Tiwari Bandhu have advanced some loan @ 5% p.a. Her brother-in-law paid Rs.10,00,000/- along with interest. She further stated that her husband has purchased a car bearing registration No.MP09-CR-1018 in the year 2011. Shravak Jain, son of the deceased also stated the same. Shanta Jain, mother of the deceased has stated that deceased told her that Ramzan has caused loss of Rs.25,00,000/- in business. She further stated that Sunil also told her that some persons are harassing him. Kamlesh has stated that deceased/Sunil told him that Titu Tiwari and Anand Tiwari have taken blank cheque and got his signature in stamp paper. He further stated that Sunil also told that Titu Tiwari is harassing him.

6. Suicide-note, alleged to have been written by the deceased has also been seized which reads as under :-

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eSa lquhy tSu vkRegR;k dj jgk gw¡A eq>s Qk;usUlj ¼VhVw frokjh½ jkt dqekj frokjh dh otg ls eq> ij dkj pksjh dk vkjksi yxk;k gSA ;g xyr gSA dkj ua M.P.09 CR 1018 Qhxks 'kq: ls nks lky igys ls tc ubZ yh Fkh esjs ikl gh FkhA mldh ekftZx euh 1]67]000@& #- lquhy tSu us gh ¼frokjh½ th ds pSd ds }kjk fouk;d QksMZ nh FkhA eSaus frokjh th ds uxnh #- 1]67]000@& ns fn;k FkkA iqfyl pkgs rks esjs ?kj ds vkl ikl ds yksxkas ls iM+ksfl;kas ls iwN ldrh gSA dkj dh fdLr 12]150@& #- esa bUgsa uxnh esa nsrk FkkA dkj cSVek esa esu jksM ij ekek th ds xkMZu esa ikdZ dh gSA iqfyl dks fey tk,xh dkj esa fx;j ckDl esa [kjkch vk xbZ gSA ftlls og py ugh jgh gSA dkj dks Vkspu djds ykuk i<+sxh es frokjh th ls 15 ianzg lky ls C;kt ij #i, ys jgk gw¡ ftlds ,ot esa vHkh rd 50]00]000@& ipkl yk[k #- C;kt ns pqdk g¡wA eSa rhu y