1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.191 OF 2009 1. Sheetal s/o Santosh Nandare, Age 25 years, Occu. service, r/o Jalgaon-Sapkal Taluka Bhokardan, District Jalna. 2. Tukaram s/o Rangnath Undare, Age 48 yrs, Occu.service, 3. Ganesh s/o tukaram Undare, Age: 20 yrs, Occu. Education, Both r/o. Police headquarter, Balikashram Road, Ahmednagar. 4. Kiran s/o Tukaram Undare, Age: 26 yrs, occu. service, r/o. Police Headquarters, Nandurbar, Dist. Nandurbar. ...APPLICANTS. VERSUS 1. The State of Maharashtra. 2. Vasant Pandurang Nande, Age 65 yrs, occ./retired Teacher, r/o Dahegaon, District Ahmednagar. (Amended with the leave of Hon'ble Court 5.2.2009). ...RESPONDENTS ... Smt. S.S.Jadhav, Adv., for the applicants. Mr.P.M.Shinde, A.P.P., for respondent no.1/State. Mr. N.B.Narwade, Adv., for respondent no.2. 2 CORAM: K.U.CHANDIWAL, J. DATE: 3/8/2009 ... P.C.:- 1. Heard learned Counsel for the accused/applicant extensively. She has invited my attention to the status of the wife to be employed and the deceased, her husband, to be unemployed and, inspite of that, having got married, wife had also informed the accused, prior to her marriage, that she had undergone open heart surgery and her heart was substantially damaged. Counsel argued, reading the FIR, it is difficult to make out that there was, indeed, a suicide by Santosh Vasant Nande and, consequently, no question of attracting provisions of Section 306 of IPC would arise. 2. Counsel informs that there was no aspersion in close proximity for the deceased to take toll of his precious life. 3. On the point of filing of chargesheet, Counsel for the accused informed that powers of this Court are not arrested, even if chargesheet is filed, to quash the FIR. For that purpose, Counsel placed reliance to the judgment of the Apex Court in the matter of State of Punjab Vs.Inder Mohan Chopra and others ( 2009 AIR SCW 1521). 3 4. The Counsel also placed reliance to the judgment in the matter of 2005 AIR SCW 3569 ( Sushil Kumar Sharma Vs. Union of India and others), 2002 AIR SCW 2140 ( Girdhar Shankar Tawade Vs. State of Maharashtra), 2003 ALL MR (Cri.) 680 (Bapurao Kisanrao Jamgade and others V. State of Maharashtra) and 2006 CRI.L.J. 3123 ( Avinash J.Mahale and others Vs. State of Maharashtra). The matter of Sushil Kumar Sharma and Girdhar Shankar Tawade revolves to the accusation for the offence under Sections 498-A and 306 of IPC and question involved was whether Section 498A is constitution or is to be branded as unconstitutional and whether ingredients of Sectionss 498-A or 306 of IPC to be taken at same pedestal or different scales to be applied. The matter of Bapurao Kisanrao Jamgade was relating to quashing of FIR and abetement. The learned Brother Judge, on analysis, found that the accusations of abetment being hard facts are required to be proved by the prosecution in accordance with the Evidence Act and, consequently, held, a distinction will have to be drawn between hard facts and an apprehension which a person may harbour in his mind, leading to the act of suicide. In the matter of Avinash J.Mahale and others, 4 it was observed, the material on record must establish accused instigated in commission of suicide. 5. At this stage of the matter, since one more chance to the accused/applicant of applying the learned Judge in terms of Section 239 of Cr.P.C. being available, discussion in depth to the criticism on the FIR or conduct of the parties is not adhered. It may be that the bickering in the matrimonial relations led to the deceased resorting to extreme step in his life. The parents were in search of the deceased since he left on 12.3.2008 at around 10 a.m. in anguish. It was result of earlier immediate altercation and nagging by the wife, her relations, of the husband to be unemployed and to be a parasite on the income of the wife. This was not the sole instance as quoted in the FIR which created discord between the parties. The desperate depressed condition was observed by relatives, to whom deceased had visited. 6. The dead body was found in an abandoned stage on 19.3.2008. It was in a decomposed condition. Consequently, the circumstance, which the investigator and the parents found was leading only to the effect of suicide by the deceased Santosh Vasant Nande. In the situation, it could not have been reflected in the FIR whether it was 5 homicidal death or suicide and the applicant cannot count the same. 7. At this stage of the matter, reading the FIR, it is difficult to digest that the FIR is frivolous or fictitious against the applicants. It only depicts what has happened during the matrimonial relations of deceased Santosh with his wife and other family members. 8. The observations of the Hon'ble Lordships in the matter of Inder Mohan Chopra indicate a situation where the Court is competent to exercise its inherent powers contemplated under Section 482 of Cr.P.C. irrespective of there being lodging of chargesheet. However, the requirement is, there should be an error like oppressive way of filing a report. At this stage, I hasten to add, I do not find such eventuality. Consequently, the request to quash the FIR or criminal prosecution launched against the accused/applicants is not warranted. Application is rejected. Needless to add, these observations are based only on the facts argued before this Court during the course of submissions, however, the learned Judge, will independently assess the evidence as chargesheet is available to him and pass appropriate order, if application under Section 239 of Cr.P.C. for discharge is moved. 6 The interim protection in terms of prayer clause C of the application to enable the applicants herein to adopt appropriate proceedings is extended till 17th August, 2009. (K.U.CHANDIWAL) JUDGE agp/191-09crapl