POOJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The instant petition is filed with a prayer to quash the complaint and FIR in Crime No.173/2021, dtd. 21/10/2021 registered for the offence punishable under Sec. 306 of IPC with Kagwad Police pending on the file of the Civil Judge and JMFC Court, Kagwad.

(2.) The petitioner is alleged to have had certain financial transactions with one Smt. Sunita, the mother of respondent No.2/complainant. In this regard on 20/10/2021, there were certain heated exchange of words between the petitioner and the mother of respondent No.2 and it is stated that petitioner while leaving the place told the mother of respondent No.2 that, if she cannot repay the money, she should go and die somewhere. It is further submitted that, on the evening of 20/10/2021, the complainant could not find his mother in the house and found a letter written by her in which she has stated that the petitioner is wrongly claiming certain amounts from her which is not due from her and that she has recorded a portion of conversation in the mobile, threatening to expose her and malign her reputation and she is being blackmailed and for that reason she is committing suicide. Later, they found the dead body of the mother of respondent No.2 in the river. Hence, the complaint has been lodged against the petitioner herein by respondent No.2 by requesting respondent Nos.1 to 4 to initiate action against the petitioner under Sec. 306 of the IPC.

(3.) It is submitted by the petitioner that the allegation of respondent No.2 in the complaint as well as the contents of the alleged suicide note written by the deceased were to be considered as true, still they do not constitute an offence under Sec. 306 of IPC.