drp {1} Cri. Application No.3426/2009 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3426 OF 2009 1. Mainabai Tukaram Sabne APPLICANTS Age-57 years, Occ-Service, R/o Udgir, Tq-Udgir, Dist-Latur 2. Sachin Tukaram Sabne Age-39 years, Occ-Service R/o Udgir, Tq-Udgir, Dist-Latur VERSUS 1. The State of Maharashtra RESPONDENTS Through police Station Udgir, Dist-Latur 2. Pandharinath Narayan Dongre, Age-55 years, Occ-Business, R/o Udgir, Tq-Udgir, Dist-Latur ....... Mr.P.V.Mandlik, Sr.Counsel i/b A.S.Gandhi, Advocate for applicant Mr.N.R.Shaikh, APP for respondent State Mr.S.A.Nagarsoge, Advocate for respondent No.2 ....... [CORAM : A.V.POTDAR, J.] DATE: 26 th April 2011 ORAL JUDGMENT: 1. Rule. Rule made returnable forthwith. By consent of the learned counsel of parties, this application is heard finally at drp {2} Cri. Application No.3426/2009 the stage of admission itself. 2. By the present application, the applicants have prayed for quashing of the FIR at Crime No.52/2009 registered with Udgir Police Station, Dist-Latur, on 16.07.2009 by respondent No.2 for an offence punishable u/s 306, 420 r/w 34 of the Indian Penal Code. 3. Recitals of the complaint lodged by respondent No.2, disclose that somewhere in the year 2004, son of the complainant by name Devidas, was assured by applicant No.1 that she would provide permanent job to him, as she was principal of an institution and for that purpose some cash was demanded and was paid by the son of the complainant. Accordingly, Devidas was provided with some job, however, not of permanent nature. As permanent job was not provided, Devidas, in the year 2008, demanded the amount back, which he had given to applicant No.1, however the applicants refused to repay the same. It appears that there were persistent demands by Devidas, for repayment of said amount. It is further alleged in the complaint that on 08.06.2009 Devidas had approached applicant No.1 and demanded the money back, however the applicants declined to repay the same. On 08.07.2009, when the applicant returned from duty, he found that Devidas had sustained burn injuries and when Devidas was being shifted to hospital in an auto, along with wife and daughter of the complainant, on query, Devidas had stated that he had approached the applicants, however the applicants, instead of giving the drp {3} Cri. Application No.3426/2009 amount back, had scolded him and they flatly refused to repay the amount and hence in a hit of anger he had poured kerosene and set himself ablaze. On the basis of these allegations, complaint came to be lodged against the applicants. 4. During the course of submissions, learned senior counsel urged that considering the allegations in the compliant, though accepted as it is, it cannot be said that there was abetment to commit suicide by the applicants, thereby instigating Devidas to commit suicide. Consistent view is taken by this Court, that to constitute an offence punishable u/s 306 of the Indian Penal Code, there must exist elements of abetment, as required u/s 107 of the Indian Penal Code. 5. Considering the allegations in the complaint, it is clear that the same do not, prima faice, satisfy ingredients of the offence of abetment to commit suicide. Thus, it is clear that if the allegations in the complaint are accepted as it is though they prima facie constitute an offence punishable u/s 420 r/w 34 of the Indian Penal Code, yet the same do not, prima facie, constitute an offence punishable u/s 306 of the Indian Penal Code. In the premise, the FIR, impugned in the present application, requires to be quashed and set aside so far as it relates to section 306 of the Indian Penal Code. 6. Consequently, the application is partly allowed. The drp {4} Cri. Application No.3426/2009 impugned FIR is quashed and set aside so far as it relates to section 306 of the Indian Penal Code. The petition is dismissed so far as it relates to the offence punishable u/s 420 r/w 34 of the Indian Penal Code. 7. Rule is made absolute as indicated above. [A.V.POTDAR, J.] drp/A11/criapln3426-09