2025:BHC-NAG:3879-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION [APL] NO.1640 OF 2023 WITH CRIMINAL APPLICATION [APL] NO.1451 OF 2023 CRIMINAL APPLICATION [APL] NO.1640/2023 Nepalchand s/o Mahadeo Tembhare, Age : 66 years, Occ : Retired A.S.I., R/o. Shedepar Road, Deori, Tah. Deori, Dist. Gondia. .. Applicant .. Versus ..

1. State of Maharashtra, through its Police Station Officer, Police Station, Deori, Dist. Gondia.

2. Gyaniram s/o Dudharam Karanjekar, Aged 52 years, Occ : Police Constable, Buckle No.1154, R/o. Police Station, Deori, Tah. Deori, Dist. Gondia Mobile No.8999547049 .. Non-Applicants WITH CRIMINAL APPLICATION [APL] NO.1451/2023 Umesh s/o Nepalchand Tembhare, Age : 35 years, Occ. Service, R/o. Shedepar Road, Deori, Tah. Deori, Dist. Gondia. .. Applicant .. Versus ..

1. State of Maharashtra, through its Police Station Officer, Police Station, Deori, Dist. Gondia.

2. Gyaniram s/o Dudharam Karanjekar, Aged 52 years, Occ : Police Constable, Buckle No.1154, R/o. Police Station, Deori, Tah. Deori, Dist. Gondia Mobile No.8999547049 .. Non-Applicants ……….

Shri Abhinav A. Pannase, Advocate for Applicants.

Mrs. M.H. Deshmukh, APP for Non-Applicant No.1/State.

None for Non-Applicant No.2.

……….

CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ.

DATED : APRIL 08, 2025.

COMMON JUDGMENT [Per : Anil S. Kilor, J.]

1. Rule. Rule made returnable forthwith. By consent of the learned Counsel for the parties, both the matters are taken up for final disposal. The facts are identical in both the cases.

2. This is an application filed under Section 482 of the Code of Criminal Procedure for quashing of Chargesheet No.83/2023 dated 20.04.2024 filed in First Information Report No.0142/2023 registered with Police Station, Deori, District-Gondia for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code.

3. The brief facts of the present case are as under :

The alleged First Information Report came to be registered on the basis of enquiry report in Marg No.02/2023. During the enquiry, it was revealed that there was a dispute of approach road to the field of the deceased between the accused and the deceased. It is alleged that the accused obstructed the approach road of the deceased by digging the same and this had been going on for last 5-6 years.

4. It is further alleged that the accused used to obstruct the approach way of the deceased to his field repeatedly and even a false case was filed against the deceased and, therefore, out of frustration, he committed suicide by consuming poison.

5. It is further alleged that on the date of incident i.e. 13.02.2023, the accused obstructed the approach way of the deceased to his field and also the another way, which was newly created for the purpose of approaching to his field. And because both the approach ways were obstructed, the deceased got frustrated and in apprehension that he would not be able to cultivate the land any more and he has lost his source of livelihood, he committed suicide.

6. We have heard the learned counsel for the respective parties.

7. Shri Pannase, the learned counsel for the applicants, submits that even if the allegations made in the First Information Report are taken on its face value as true, no offence constitute as three prerequisites namely, to instigate, to aid and abet to constitute the offence under Section 306 of the Indian Penal Code are absent. He accordingly prays for quashing of First Information Report in both the cases, as no offence constitute, as alleged.

8. On the other hand, Mrs. Deshmukh, learned Additional Public Prosecutor for non-applicant no.1/State strongly opposed the application and submitted that the allegations levelled against the applicants are sufficient to constitute the offence. He, therefore, prays that this court may not quash the chargesheet.

9. We have perused the chargesheet and the allegations made in the First Information Report. However, before adverting to the facts of the present