IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 3273 of 2014 FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER ==========================================================

Approved for Reporting Yes No NO ==========================================================

HARESHBHAI KARSHANBHAI KAKADIYA ( PATEL )

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR PARTH S TOLIA(5617) for the Applicant(s) No. 1 MR BM MANGUKIYA(437) for the Respondent(s) No. 2 MS BELA A PRAJAPATI(1946) for the Respondent(s) No. 2 MS VRUNDA SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s)

No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 18/03/2026

JUDGMENT

1. The present application is filed seeking quashment of the FIR registered with Bapunagar Police Station being I-C.R. No.373 of 2013 dated 24.12.2013 for the offence punishable under Section 306 of the Indian Penal Code, wherein the present applicant has been arraigned as the sole accused. As per the recitals of the FIR, the brother of the complainant had started a business with the accused by establishing a partnership firm. Subsequently, the said partnership firm was dissolved, and it is alleged that as the brother of the complainant suffered losses in the said business, he committed suicide. It is further stated that a suicide note dated 27.09.2012 was found, on the basis of which the impugned FIR came to be lodged, which is the subject matter of challenge before this Court.

2. Heard learned advocate Mr. Parth Tolia for the applicant and learned APP Ms. Vrunda Shah for the respondent–State. Though appearance has been filed by learned advocate Mr. B.M. Mangukiya for the complainant, he has not remained present.

3. Learned advocate Mr. Parth Tolia submits that, as per the allegations made in the FIR, the deceased committed suicide on 27.09.2012, however, the FIR came to be registered after more than one year, i.e., on 24.12.2013. It is further submitted that by the learned advocate Mr. Tolia, as per the recitals of the FIR, the suicide note was sent to a handwriting expert, and the opinion was received on 21.09.2013. Despite the receipt of such opinion, the FIR was lodged after a delay of about three months. Learned advocate Mr. Tolia submits that even if the case of the prosecution is accepted as it stands, there is no proximate link between the alleged acts attributed to the applicant and the suicide committed by the deceased. Placing reliance upon the decision of the Apex Court in the case of Prakash and Others vs. State of Maharashtra and Another, arising out of SLP (Cri.) No.1073 of 2023, learned advocate Mr. Tolia submits that the impugned FIR is nothing but an abuse of the process of law, and therefore the same deserves to be quashed and set aside.

4. Per contra, learned APP Ms. Vrunda Shah submits that though the FIR was lodged after more than one year, the delay occurred because the suicide note was initially sent for handwriting expert opinion, which was received on 21.09.2013, and thereafter the FIR came to be registered on 24.12.2013. Learned APP Ms. Shah further submits that the investigation is yet to be concluded, and therefore, at this stage, the present application deserves to be dismissed.

5. Considering the submissions made by the learned advocates for the respective parties and upon perusal of the recitals of the FIR, it emerges that the FIR came to be lodged on 24.12.2013 alleging that the deceased Gordhanbhai had committed suicide on

27.09.2012. As per the allegations made by the complainant, who is the brother of the deceased, the deceased had started a business of embroidery with the accused in the year 2007, and within a period of one year the business was closed and the partnership firm was dissolved. It further emerges from the record that, as per the allegations, the deceased suffered losse