Case Note & Summary
Applicants, accused under Section 306 r/w 34 of the IPC, seek quashing of the F.I.R. registered at Vishnu Nagar Police Station. The deceased, Ashok Pawar, allegedly harassed by the applicants, committed suicide, leaving notes implicating them. The Court analyzed the evidence, including the F.I.R., suicide notes, and email, finding insufficient material to establish abetment. The application for quashing the F.I.R. is allowed.
1) Introduction
Applicants accused under Section 306 r/w 34 of IPC seek to quash F.I.R. C.R. No. I-36 of 2017. F.I.R. registered at Vishnu Nagar Police Station, Dombivali, Thane on 25th February 2017.2) Hearing and Proceedings
Advocates for both sides presented arguments. Court directed police to proceed with investigation without filing a charge sheet without permission. Handwriting expert's report produced.3) Facts of the Case
Ashok Pawar, the deceased, worked at ESIC, Thane. Allegations of harassment by Applicant No.1 and No.2. Deceased suffered from migraine and was assigned strenuous tasks. Deceased committed suicide on 21st January 2017, leaving notes blaming the applicants.4) Applicants' Argument
Allegations in the F.I.R. do not establish "instigation" as per Section 107 of IPC. No material showing active role or mens rea by the applicants to instigate suicide.5) Respondents' Argument
Allegations of persistent harassment and health deterioration of the deceased. Email and suicide notes confirm harassment, establishing mens rea.6) Legal Framework
Definition of "instigation" under Section 107 of IPC. Requirement of direct involvement to establish abetment under Section 306 IPC. Reference to the case of Chitresh Kumar Chopra vs. State (Govt. of NCT of Delhi).7) Analysis of Evidence
Examination of F.I.R., suicide notes, and statements. Inconsistencies and vagueness in the allegations. Lack of corroborative material in statements of officers and co-employees.8) Conclusion on Evidence
Allegations in the F.I.R. and suicide notes partially supported but not conclusive. Email dated 5th December 2016 withdrawn by the deceased. No acts of harassment or threats from 9th January 2017 till the date of suicide.9) Final Decision
Insufficient material to constitute the offence under Section 306 r/w 34 of IPC. Continuation of the F.I.R. would be an abuse of process of law. Application allowed, quashing the F.I.R. against the applicants.23) Order
Criminal application allowed. Rule made absolute.
Issue of Consideration: Rajshekhar Udayprasad Singh Ors. Versus The State of Maharashtra Ors.
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now to access critical case issues
