The main legal point established in the judgment is the determination of the elements of abetment and the offense of cheating under the Indian Penal Code.

ORDER

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2. This application under Section 482 of Cr.P.C. has been filed for quashment FIR in Crime No.437/2022 registered at Police Station Bichiya, District Rewa for offence under Sections 306, 420 of IPC as well as further proceedings in criminal case pending before the Court of Additional Sessions Judge, Rewa arising out of aforesaid FIR.

3. It is the case of prosecution that an information was received from Sanjay Gandhi Memorial Hospital Rewa on 07/11/2022 at 08:50 AM that the deceased Dilip Bhartiya has been brought in dead condition, who has died on account of hanging. The proceedings under Section 174 of Cr.P.C. were registered and an inquest enquiry was conducted. Statements of witnesses were recorded and accordingly, Police after conducting the preliminary enquiry registered the case for offence under Sections 306, 420 of IPC. According to the statement made by Pradeep Kumar Patel, brother of the deceased, he is a farmer by profession and he has two sons. Pradeep Kumar Patel has three sisters and one more brother. All his three sisters are married and they are residing in their matrimonial house. Pradeep Kumar Patel and his brother namely Dilip Bhartiya (deceased) are residing jointly with their parents. Father of Pradeep Kumar Patel has transferred 5 acres of land each to both of his sons. It was further alleged that both the brothers have joint bank account. About three years back, his younger brother Dilip Bhartiya met with Virendra Patel and enquired about formalities for taking loan for establishing Polyhouse. Thereafter, Virendra Patel started frequently visiting his house. It is alleged that Virendra Patel and his partner 3 M.Cr.C. No.14788/2023 Manish Patel took Pradeep Kumar Patel and deceased Dilip Bhartiya to Union Bank of India, Transport Nagar, Dhekaha along with entire record and got the papers concerning loan prepared and took the signatures of both the brothers, i.e. Pradeep Kumar Patel and deceased Dilip Bhartiya on those papers. Their signatures were also obtained on voucher. When deceased Dilip Bhartiya informed his father about the loan taken for the purposes of establishing Polyhouse, then his father refused to take loan.

However, thereafter accused Virendra Patel and his partner Manish Patel got a KCC prepared in the name of both the brothers i.e. Pradeep Kumar Patel and deceased Dilip Bhartiya and accordingly, withdrew an amount of Rs.2,50,000/- from the joint account of Pradeep Kumar Patel and deceased Dilip Bhartiya on 24/11/2020. Rs.1,00,000/- on 22/03/2021 and Rs.2,25,000/- on 15/12/2020 from the account of Pradeep Kumar Patel and in all Rs.5,75,000/- were withdrawn by them and after including interest, Pradeep Kumar Patel and deceased Dilip Bhartiya had a loan of Rs.7,00,000/-. Deceased Dilip Bhartiya and his family members came to know about the fraudulent loan account about six months back, as a result, his brother was very upset. Virendra Patel had got the amount transferred in the account of his Rudra Grah Udyog. In spite of repeated requests for return of the amount, his brother was threatened thereby causing mental harassment to him. Accordingly, on 06/11/2022 at about 10:30 in the night, his younger brother Dilip Bhartiya has committed suicide by hanging. Similar are the statements of other witnesses.

4. By referring to the statements of witnesses, it is submitted by counsel for the applicant that even if the entire allegations are accepted, 4 M.Cr.C. No.14788/2023 then it would be clear that no offence under Sections 306 or 420 of IPC would be made out. If any cheating was done with the deceased, then he had an opportunity to approach the Police for lodging FIR against the applicant but if he chose the easier method of putting his life to an end, then it cannot be said that applicant had instigated the deceased to commit suicide. Accordingly, it is prayed that ingredients of