( 1 ) crwp821.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 821 OF 2010 Rajeshree w/o. Madhav Gite & Ors. .. Petitioners Versus The State of Maharashtra & Ors. .. Respondents Mr. A.M. Gaikwad, Advocate for the petitioners. Mr. N.H. Borade, A.P.P. for respondent No.1/State. Mr. V.M. Kagne, Advocate for respondent No.2. CORAM : V.R. KINGAONKAR,J. DATED : 15.12.2010 P.C. :- 1. By this petition, the petitioners seek quashing of private complaint bearing R.C.C. No. 133 of 2010 filed by respondent No.2 in the Court of learned Judicial Magistrate (F.C.), Kandhar, alleging that the petitioners are guilty for offence of abetment of the suicide committed by his son and as such due investigation is required to be made under Section 156 (3) of the Cr.P.C. ( 2 ) crwp821.10 2. The petition is being decided on merits at the stage of admission itself in view of peculiar fact situation emerging from the record. 3. Heard learned advocates for the parties and learned A.P.P. 4. The deceased by name – Madhav was son of respondent No.2 – Datta. The deceased was a primary school teacher. He was working in a Zilla Parishad Primary Schhol at village Aamgaon (District – Gondia). The marriage of deceased Madhav and petitioner No.1-Rajeshree was performed on 12th March, 2004 at Kandhar. At the relevant time she was unemployed. She had gone to reside with the deceased husband at Aamgaon after the marriage. It appears that she subsequently sought employment in the Constabulary of Nanded district. She was employed after about a couple of years of the marriage and started residing separately from deceased Madhav. 5. The recitals of the private complaint application ( 3 ) crwp821.10 would make it manifestly clear that Madhav Gite died on 01.04.2010 at the residential house of respondent No.2 and himself. The recitals of the complaint application further show that for about one and half years deceased Madhav and petitioner No.1 lived together and their married life was happy. It is alleged that only after the employment secured by petitioner No.1, that she started harassment of deceased Madhav at the instance of other two petitioners who are her mother and paternal uncle respectively. It is alleged in the private complaint application that on two occasions, petitioner No.1 got herself aborted without consent of deceased Madhav on the ground that she did not desire any child at the relevant time because she was employed in the Government service. It is further alleged that about a couple of days prior to the death of Madhav, the petitioners have demanded divorce from him and therefore he was fed-up with the trouble given to him by the petitioners and as such ended his life in the residential house. 6. At this juncture itself it is worthy to be noticed that respondent No.2 – Datta is employed in health department ( 4 ) crwp821.10 and knows well that post-mortem examination in such case could be of great significance. The dead body of Madhav Gite was not subjected to post-mortem examination. There is absolutely no material on record to infer that Madhav Gite committed suicide in the residential house. It is pertinent to note that though death of Madhav Gite was immediately noticed on 01.04.2010, yet for about 4 months, respondent No. 2 (father) took no action in the matter. Respondent No.2 alleges that he came across one suicide note left by deceased Madhav Gite. Perusal of suicide note (page 50-A) prima facie shows that deceased Madhav attributed responsibility of his death to the wife and her maternal uncle. The suicide note relied upon by respondent No.1 does not refer to any particular instance of the alleged cruelty meted out to him by either of the petitioners. That apart, one cannot be oblivious of the fact that Madhav Gite was a school teacher. He was not naive person. It appears that he had made attempt for his transfer to any school under Zilla Parisahd, Nanded. A copy of communication dated 20.11.2008 (Exh.P-2) prima facie shows that he had informed the Chief Executive Officer, Zilla Parishad, Nanded, that he was ready and willing to ( 5 ) crwp821.10 leave Zilla Parishad, Gondia, if his transfer to Zilla Parishad, Nanded, will be granted in order to facilitate together residence of the spouses. Needless to say, he desired to reside together with his wife. There is no material on record to infer, even prima facie, that the petitioners subjected deceased Madhav to any particular kind of cruelty. 7. The offence under Section 306 of the Indian Penal Code requires proof of certain ingredients including the intentional aiding or assisting or inducing the deceased to commit suicide. Respondent No.2 did not give any particulars regarding such intentional assistance or inducement on part of the petitioners to cause the alleged suicide of deceased Madhav Gite. The matter does not stop here. In-fact, there is absolutely no tangible material to infer that Madhav Gite ended his life by committing suicide. Had he committed suicide, respondent No.2 would have ordinarily lodged report with the police and the post-mortem examination could have been facilitated. Considering the delay of about 4 months in filing of the private complaint application and the ( 6 ) crwp821.10 background fact, it is conspicuous that the complaint application is filed by respondent No.2 with oblique intention to harass the petitioners. Needless to say, the criminal proceedings would amount to abuse of judicial process. 8. For the reasons aforementioned, the petition is allowed. The criminal proceedings of R.C.C. No. 133 of 2010, filed by respondent No.2, in the Court of learned Judicial Magistrate (F.C.), Kandhar stands quashed. The F.I.R. registered in pursuance to such Criminal Application of respondent No.2 also is quashed. [V.R. KINGAONKAR,J.] snk/2010/DEC10/crwp821.10