RAJNEESH GONGA Vs. STATE, NCT GOVT OF DELHI

JUDGEMENT

(1.) THIS petition has been filed by the Petitioner Rajneesh Gogna under Section 482 of the Criminal Procedure Code (Cr.P.C.) seeking quashing of FIR No. 178/2006, under Section 306 of the Indian Penal Code (IPC), registered at Police Station Patel Nagar, New Delhi and also the proceedings arising out of the said FIR against the present Petitioner.

(2.) THE impugned FIR was registered on the basis of suicide note allegedly written and signed by Kashish @ Sapna before she committed suicide. In the suicide note she alleged that she was maintaining physical relationship with the Petitioner for about four years as his wife because the Petitioner had married her in a temple and had put sindoor in her hair-parting. However, after some time she was told by the Petitioner that he was already married and after some time he expressed his desire to leave her and join his wife. Petitioner had mislead her by projecting himself to be widower and committed fraud upon her when he put all the blames and allegations on her in a criminal case and got himself scot free by bribing the concerned officers. Now Petitioner had started contacting her for a period of about 4/5 months because of which she was mentally disturbed and in this state of mind she was committing suicide and she made petitioner responsible for her committing suicide.

(3.) MR . Javed Alvi, learned counsel for the Petitioner has argued that perusal of the suicide note clearly indicates that ingredients of abetment as contained in Section 107 of the Indian Penal Code (IPC) are missing and therefore prima facie there is no evidence to indicate that he had abetted Kashish @ Sapna to commit suicide. These submissions are refuted by Mr. Lovkesh Sawhney, learned APP for the State.