1. This application under section 482 of CrPC has been filed for quashment of FIR in Crime No. 44/2017 registered at Police Station Dehat Basoda, District Vidisha for offence under sections 306, 34 of IPC and under section 11 of M.P. Money Lending Act.

2. The necessary facts for the disposal of the present application in short are that on 30.1.2017, a Dehati Nalsi was lodged by the complainant Mohd. Adnan to the effect that he is the resident of Makbara Haveli, Ward No.16, Mirjapur, Ganjbasoda and is a contractor by profession. At about 10:00 a.m., when he called his brother Ateeq and sister-in-law Sohlat for having milk, then nobody reacted from the room and when the door of the room was not opened for a considerable long time, then the door was broke open and it was found that the brother Ateeq was hanging whereas the sister-in-law Sohlat was lying on the floor. All the members of the family were called and it was found that his brother Ateeq and his sister-in-law Sohlat had already died. Some papers were lying on the Sofa which has not been read by him.

3. On the basis of Dehati Nalsi, a Merg Enquiry No. 06/17 was registered and the spot inspection was carried out. A suicide note was found from which it appears that one Deepak Khatik had given an amount of Rs.50,000/-. For entering into compromise in the case under section 138 of the Negotiable Instruments Act he was demanding Rs. 3,00,000/-. Similarly it was alleged that one Guddibai Rajput had lodged a false report with regard to misappropriation of Rs. 80,000/- and whereas the applicants were demanding their money back from the deceased which the deceased had taken for getting the applicants No. 1 and 3 appointed in a Government Job.

4. Accordingly, the police registered the offence under section 306, 34 of IPC and under section 11 of M.P. Money Lending Act against the applicants as well as against Deepak Khatik, Guddibai Rajput, Laxminarayan Namdev.

5. It is fairly conceded by the counsel for the applicants that the police has filed the charge sheet. By referring to the dying declaration, it is submitted by the counsel for the applicants that even if the entire allegations made in the dying declaration are accepted, then it is clear that no offence under sections 306, 34 of IPC and under section 11 of M.P. Money Lending Act is made out against the applicants. The police has recorded the statements of the witnesses. Munabbar Ali, the brother of the deceased Ateeq has stated that on 30.1.2017 sometime between 8:00 to 10:00 a.m. his elder brother Mohd. Ateek, initially committed murder of his wife and, therefore, committed suicide by hanging. Allegations were against Deepak Khatik and Guddibai Rajput. It was further alleged that his deceased brother Ateeq had taken money from the applicants No. 1 and 3 for getting them appointed on the post of Computer Operator and this money was taken through one Brijesh Kushwah. The money so collected from the applicants No. 1 and 3 was given to one contractor at Bhopal. However, the applicants No. 1 and 3 could not get the job, due to complaint made on C.M. Helpline and from thereafter the applicants were pressurizing his brother to return the money and because of that he was very disturbed. On 29.1.2017, the applicants came to the house of the deceased and extended a threat that they would come again on the next day and in case if he does not return the money, then he would be killed. Thus, it was alleged that because of the harassment at the hands of the applicants as well as the co-accused Deepak Khatik and Guddibai Rajput, the deceased had committed suicide after killing his wife.

6. A similar statement under section 161 of CrPC was given by Mohd. Yakub, Ajhar Ali and Mohd. Adnan, the brothers of the deceased, Muneeb, the son of the deceased and Rihana Ali, the niece of the deceased had also given the identical statement under section 161 of CrPC.

7. The dying declaration of the deceased also carries the similar allegations against