IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINA L APPEAL NO.309 OF 2 0 2 5 (Arising out of S.L.P.(Criminal) No.9737 of 2023)

G.K. BASKARAN ... APPELLANT(S)

VS.

THE STATE BY THE DEPUTY SUPERINTENDENT OF POLICE & ANR. ... RESPONDENT(S)

O R D E R

Leave granted.

We have heard the learned senior counsel appearing for the respondent-State.

By the impugned order, the High Court has rejected a petition filed by the appellant under Section 482 of the Code of Criminal Code, 1973 (for short, "CRPC") for quashing an offence registered under Section 306 of the Indian Penal Code, 1860 and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015. The First Information Report (for short, "FIR") was registered at the instance of the second respondent. The case made out in the First Information Report, in short, is that the deceased woman maintained illicit relationship with the appellant. The Signature Not Verified appellant had promised her that he will ensure that she ASHISH KONDLE Date: 2025.01.30 Reason: clears the computer examination as the appellant was working as a computer teacher in one of the institutions. The deceased woman along with her husband committed suicide by hanging after administering poison to their children. In the FIR, reliance was placed on the alleged suicide note of the deceased woman running into 15 pages. According to the allegation in the FIR, the suicide note suggests that the appellant was instrumental for the death of the said woman and her three family members.

In the charge-sheet filed, after investigation, reliance was placed on the same suicide note. A notice was issued by this Court on 4^th September, 2023. When this Court noticed that in the impugned order it was recorded that investigation was not carried out on the basis of alleged suicide note, by order dated 3^rd May, 2024, this Court directed the State Government to file a supplementary counter affidavit dealing with the issue whether any investigation has been carried out on the basis of the alleged suicide note.

Pursuant to the said order, a supplementary counter affidavit was filed by the first respondent. In paragraph 3 of the said counter affidavit, it is stated that no document could be found at the house of the deceased containing admitted handwriting of the deceased, for the purposes of comparing the same with the handwriting in the suicide note. Therefore, suicide note could not be sent for forensic analysis and that is how no investigation has been carried out on the basis of the suicide note.

The suicide note is the basis of the allegation made against the appellant in the FIR as well as in the charge-sheet. As it is an accepted position that no investigation could be carried out on the suicide note, there is no material on record to show that the suicide note was written by the deceased woman. Hence, continuation of prosecution of the appellant will serve no purpose. Therefore, the impugned order dated 16^th June, 2023 passed by the High Court of Judicature at Madras is quashed and set aside and FIR No.901 of 2016 dated 14^th December, 2016 registered at Police Station Dharmapuri, Tamil Nadu as well as the proceedings of Sessions Case No.103 of 2017 on the file of the Additional District and Sessions Judge, Dharmapuri, Tamil Nadu are hereby quashed and set aside.

The appeal is accordingly allowed.

..........................J.

(ABHAY S.OKA)

..........................J.

(UJJAL BHUYAN)

NEW DELHI;

January 21, 2025.

ITEM NO.16 COURT NO.5 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 9737/2023 [Arising out of impugned final judgment and order dated 16-06-2023 in CRLOP No. 21242/2021 passed by the High Court of Judicature at Madras]

G.K. BASKARAN Petitioner(s)

VERSUS THE STATE BY THE DEPUTY SUPERINTENDENT OF POLICE & ANR. Respondent(s)

(IA No. 157043/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT

IA No. 15704