The absence of credible evidence of intent to instigate suicide under S.306 IPC leads to quashing of proceedings.

1. Present application has been filed initially for quashing First Information Report vide Crime No.19/2023 dated 22.01.2023 registered with Police Station, Mudkhed, Tq. Mudkhed, Dist. Nanded and later on by way of amendment for quashing the proceedings in Sessions Case No.193/2024 pending before learned Sessions Judge, Nanded, for the offence punishable under S.306, S.294, S.354(A)(D), S.341, S.323, S.506 of the Indian Penal Code, 1860 .

2. Heard learned Advocate Mr. P.S. Anerao for applicant and learned APP Mr. A.V. Lavte for respondent No.1. Since respondent No.2, though served had failed to appear, we had appointed Advocate Mr. V.S. Valse to represent the cause of respondent No.2. We have heard him also. All of them have taken us through First Information Report and contents of charge sheet and they made submissions in favour of respective parties they were representing.

3. Unfortunately, it appears that daughter of respondent No.2 had committed suicide on 21.01.2023. In the First Information Report respondent No.2 contends that his daughter was aged 20 years. The present applicant, who is also from the same village, used to stalk the daughter of informant on road whenever she used to go and then the applicant used to abuse her, do such obscene act which would cause her harassment and used to say that he will not let her live. The girl could not sustain the said behaviour of the applicant and told the same to informant. Informant had gone to the house of applicant and tried to give advise, however, the applicant did not stop his activities. Even on 20.01.2023 the applicant had gone in front of the house of informant, abused the daughter of informant and gave her threat to kill. The girl could not sustain the said act and thought that she herself and her parents have been defamed and, therefore, she committed suicide by hanging.

4. The Inquest Panchnama and the Postmortem Report would give a clear picture of death due to hanging. Supplementary statement of the informant has been taken, wherein he has given the incidences in detail and has explained that since he was under grief he had not quoted the incidences independently. According to him, since six months prior to the incident the applicant was harassing her by saying that they should run away and perform marriage. The daughter of the informant used to attend sewing class in the village. The applicant used to stalk her. Whenever she used to be alone, he used to say that he loves her and they should marry. He also used to abuse her in filthy language. There was an attempt by the informant, his brother and relatives by going to the house of the applicant and requesting the applicant to behave properly with the girl, as the father of applicant promised them to persuade applicant. The informant and others came back to the house. However, on 20.01.2023 around 4.30 to 5.00 p.m. applicant went in front of the house of informant, abused deceased, informant and his wife and threatened that he would forcibly take the deceased along with him and would perform marriage. Again he was tried to persuade, at that time, the applicant had pulled the dupatta of the girl in front of people. The girl became frightened and kept crying throughout the night. Though she was consoled by the informant and the relatives around 10.00 a.m., cousin brother of the informant told the informant, who was then in his field, that the girl has committed suicide by hanging.

5. The charge sheet contains statements of witnesses and it appears that all of them are the relatives of informant. Statement of Vijay Gopiraj Shinde, who is a neighbour, shows that he had witnessed the incident dated 20.01.2023. In the past also it appears that the