Mahendra Nath & Anr. vs. State of Rajasthan & Anr. S.B.Cri.Misc. Petition No.1615/09 Date of Order : 28.10.09 HON'BLE MR. JUSTICE K.S.RATHORE Mr.Sanjay Mathur for the petitioner/s. Mr.A.R.Nikub , Public Prosecutor. This cri.misc. petition on behalf of the petitioner is filed for quashment of FIR No. 232/09 registered at Police Station Tara Nagar, District Churu for the offence under section 306 IPC. The facts of the case giving rise to this petition are that on 14.08.09 at near about 11.50 AM , Chhotu Ram s/o Bhadar Nath lodged a report at Police Station, Tara Nagar , District Churu mentioning therein that they are four brothers and all are living separately and one of the brothers is married to Ashi Devi. It is stated that Ashi Devi has illicit relations with Mahendra Nath (petitioner). It is not disputed that Maga Nath has committed suicide. Learned counel for the petitioner submits that no offene under section 306 IPC is made out against the petitioner and thus the FIR in question is required to be quashed and set aside and in support of this submission , learned counsel for the petitioner has placed reliance on Manish Kumar Sharma vs. State of Rajasthan (1994 Cr.L.R.(Raj.) 249 whereby the revision petition filed against the framing of charge for abetment to commit suicide not sufficiently proved that the petitioner ever instigated the deceased to committed suicide, quashed the charge framed against the petitioner. Here, the present petition is jointly filed by the petitioner and wife of the deceased for quashing of the FIR in question . The ratio decided by this Court in Manish Kumar Sharma's case (supra) is not applicable to the present case as it is for the investigating agency to investigate whether the petitioner is guilty of abetment or not. At this stage it cannot be said that the FIR is false at its face value, in view of the ratio laid down by the Supreme Court in the case of State of Haryana & Ors. vs. Bhajan Lal & Ors. (1992 Suppl.(1) SCC,335), this Court do not find any merit in the instant misc.petition No.1615/2009 for quashment of FIR No.232/2009. The misc.petition is hereby dismissed being devoid of merit. The stay application also stands rejected. (K.S.RATHORE) , J.