M.G. Giratkar, J.

By way of present application, the applicant prays for quashing of FIR lodged by non-applicant No.2 and registered by non-applicant No.1 for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code.

2. It is submitted that one Rupchand Sirsat, aged about 54 years was working as a Group Secretary in Kherda-Mozari Cooperative Society. On 04.04.2013, Rupchand has committed suicide by consuming some poisonous substance at village Ghota, Tq. Barshitakli, District Akola. He was in the employment of society. The primary duty of Rupchand was of disbursement of loan by the Cooperative Bank and to recover the same. He was in service since last 20 years. He left one suicide note dated 21.02.2013 and made allegations against the applicant and many other persons including MPs and MLAs.

3. After the commission of suicide by Rupchand, his wife non-applicant No.2 lodged report with non-applicant No.1. Along with report, she had given suicide note left by her deceased husband. On the basis of report and suicide note, Crime No. 51/2013 came to be registered for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code by Police Station, Borgaon Manju, District Akola. It is submitted that the applicant is nowhere concerned to abet the deceased for commission of suicide. Therefore, prayed to quash Crime No. 51/2013 registered by non-applicant No.1.

4. Heard Shri Ayush Sharma, learned Counsel appearing on behalf of the applicant and Smt. M.H. Deshmukh, learned Additional Public Prosecutor appearing on behalf of non-applicant No.1/State. None appears on behalf of non-applicant No.2.

5. From the perusal of report, it appears that non-applicant No.2 made allegation that the applicant and others mentally harassed her husband and, therefore, he has committed suicide on 04.04.2013. From the perusal of suicide note, it appears that it was addressed to Police Station Officer, Barshitakli. It is dated 21.02.2013. Thereafter, deceased applied for leave on 27.02.2013 and 01.04.2013, and on 04.04.2013, he has committed suicide. It appears from the leave applications, dated 27.02.2013 and 01.04.2013, his physical and mental condition was not good. He has written in his suicide note that his son had committed suicide. Therefore, he was mentally disturbed.

6. From the perusal of suicide note, it appears that applicant and others cannot be said to be abetted the deceased to commit suicide. Moreover, the suicide note is dated 21.02.2013. Deceased has committed suicide on 04.04.2013. Deceased has committed suicide after two months from the date of alleged suicide note. It appears from the contents of suicide note that he made allegations against many persons including MPs and MLAs.

7. If the report and suicide note taken as it is, then it is clear that applicant or others cannot be said to be abetted the deceased to commit suicide. He has stated in his report that, “one Mendhe and others obtained loan from District Cooperative Bank, Akola. Mendhe was insisting him to increase the number of cooperative societies. Because of the constant pressure of workload, he could not give attention in his household work and, therefore, his son committed suicide.” It appears from the contents that the deceased was mentally disturbed because of the death of his son.

8. This Court in the case of Dilip Ramrao Shirasao and others v. State of Maharashtra and another (Criminal Application No. 332 of 2016 decided on 05 th August, 2016), has observed as under :

“12. In order to bring out an offence under Section 306 IPC specific abetment as contemplated by Section 107 IPC on the part of the accused with an intention to bring about the suicide of the person concerned as a result of that abetment is required. The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306 IPC. We are of the clear opinion that there is no questio