PRAVINBHAI JIVRAMBHAI DERIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of Cr.P.C., the applicants - original accused Nos. 9 and 8 seek to invoke inherent powers of this Court, praying for quashment of First Information Report (FIR) being I- C.R.No. 25/2016 registered with Gadh Police Station, Dist: Banaskantha, for the offences punishable under Ss. 306 , 506 (2), 384, 385, 386, 387 read with Sec. 34 of the Indian Penal Code and Ss. 40 and 42 of the Gujarat Money Lenders Act, 2011.

(2.) Facts and circumstances giving rise to this application are that, the second respondent - Mahendra Panchal, resident of Mumbai is brother of deceased Hasmukhbhai, who ended his life by committing suicide at his village Gadalvada, Dist. Banaskantha. The deceased was driving a rickshaw for his livelihood. The deceased had borrowed Rs.6.00 lacs from accused Nos.1 to 10 and was paying unbearable amount of interest. It is the case of the prosecution that the deceased could not repay the principal amount as well as the interest, as a result, he was under tremendous pressure and distress. Before he could commit suicide, he wrote a letter addressed to PSI, Gadh Police Station, mentioning therein the harassment meted out to him by the accused, on the issue of borrowed money. In the letter, he mentioned names of 10 persons including the applicants, alleging therein that after borrowing the money from them, he could not repay the same and upon his request to give some time to repay the amount, they have not extended the time and threatened him to take away his rickshaw and did not allow him to do his business. He had further mentioned in the letter that he is going to end his life by committing suicide and all the persons mentioned in the letter are responsible for my suicide. In this circumstance, on 19/4/2016, the deceased Hasmukhbhai had consumed poisonous substance and committed suicide. Before he could die, he was taken to Palanpur Civil Hospital where his statement in form of dying declaration was recorded by the Executive Magistrate, Palanpur, wherein, he disclosed the facts of borrowed money allegedly taken from persons named in the statement. The names of the present applicants having not been disclosed as the deceased while recording the statement did not recollect their names. The investigating officer had also recorded the statement of the deceased on the same day under Sec. 161 of the Cr.P.C., wherein, the reasons for his suicide having been disclosed before the police and subsequently, he died at Civil Hospital. The brother of the deceased Mr. Mahendra Panchal went to hospital and he was appraised by the relatives about the financial distress of the deceased and factum of suicide note and dying declaration. The second respondent based on the input gathered by him at the hospital, lodged an FIR against 10 persons, including the applicants herein for the offences as referred above. After completion of investigation of the case, the IO filed a chargesheet against the accused for the aforesaid offences, which has been culminated into Sessions Case No.78/2022, which is pending before the jurisdictional sessions Court at Banaskantha.

(3.) The applicants arraigned as accused Nos. 8 and 9 in the chargesheet. They have preferred present quashing petition mainly on the ground that the charge against them under Sec. 306 of Indian Penal Code is not sustainable. Therefore, continuation of the proceedings against them is nothing, but a sheer abuse of process of law and Court.