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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 3959 OF 2019

Balaji S/o Rajkumar Kamble

Age: 32 years, Occu: Service & Agril.,

R/o. New Renapur Naka, Latur,

Tq. and Dist. Latur.

… Applicant

Versus

1. The State of Maharashtra

Through the Police Station Officer,

Gandhi Chowk Police Station,

Latur

2. Sachin S/o Dnyanoba Shinde

Age: 25 years, Occu: Private Service,

R/o Srikrishna Nagar, Latur,

Tq. & Dist. Latur

… Respondents

….

Mr. N.D. Kendre, Advocate for the Applicant

Ms. Preeti V. Diggikar, A.P.P. for Respondent No.1 / State

Mr. S.S. Panale, Advocate for Respondent No.2

CORAM : V. K. JADHAV AND

SHRIKANT D. KULKARNI, JJ.

DATE : 05^th AUGUST, 2021

FINAL ORDER (PER SHRIKANT D KULKARNI, J.):-

1.

Heard finally at admission state with consent of both the sides.

2.

By this application under Section 482 of the Code of Criminal

Procedure, the applicants are seeking the following substantive

prayers.

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“C. The First Information report bearing Crime No.561

of 2019 dated 26 October, 2019 registered with Gandhi

Chowk Police Station, Latur, Tq. and Dist. Latur under

section 306 r/w 34 of the Indian Penal Code may kindly

be quashed.

C-1 The Regular Criminal Case No. 20 of 2020 arising

from the Crime No.561 of 2019 registered with Gandhi

Chowk Police Station at Latur, Dist. Latur on 26 October,

2019 under Section 306 r/w. 34 of the Indian Penal Code,

and pending in the court of ld. Chief Judicial Magistrate,

Latur, Tq. And Dist. Latur against the applicant may

kindly be quashed and set aside.

Factual Scenario

2.

Dnyanoba Shinde (deceased) was the father of first informant

Sachin Shinde, resident of Srikrishna Nagar, Latur. Late Dnyanoba

Shinde, in the year 2018 had agreed to purchase one plot from the

applicant for Rs.18,05,000/-. Late Dnyanoba Shinde had given an

earnest money of Rs.03,05,000/-in three installments. The said

transaction came to be cancelled for want of clearance from the town

planning department. Late Dnyanoba Shinde requested to the

applicant to repay the earnest money. Part of the amount of earnest

money was paid to Late Dnyanoba Shinde. For the remaining balance

amount, the applicant had issued the cheque dated 22.10.2019. The

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applicant alleged to have avoided to make payment of balance

amount. The cheque given by the appellant came to be dishonoured.

The applicant alleged to have avoided to make payment of the

balance amount of the transaction due to which mental condition of

the father of the first informant was disturbed.

3.

On 25.10.2019, father of the first informant left the house in

the morning and committed suicide by hanging. One suicide note was

found in the pocket of the deceased, wherein the name of the

applicant and others were mentioned making them responsible for

such suicide.

4.

On the basis of the first information report lodged by the son of

the deceased namely Sachin Dnyanoba Shinde, crime no.561 of 2019

came to be registered under section 306 read with section 34 of the

Indian Penal Code with Gandhi Chowk Police Station, Latur. After the

inquest panchanama, the dead body was sent to Government Medical

College and Hospital at Latur for postmortem examination. The

medical officer who has conducted autopsy given probable cause of

death in the case “Asphyxia due to hanging, viscera preserved for

chemical analysis”.

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5.

The investigating officer has completed the investigation and

filed the charge-sheet against the applicant and others in the Court of

Chief Judicial Magistrate, Latur, which is in the process of committal.

6.

In the above background, the applicant is before us with a

prayer for quashing of first information report / crime no. 561 of

2019 and consequent filing of charge-sheet registered vide Regular

Criminal Case No.20 of 2020 pending on the file of learned Chief

Judicial Mag