NARENDRASINH SAMRATBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code "), the petitioner prayed for quashing and setting aside FIR being C.R.No.I - 49 of 2017 registered with Bopal Police Station, for the offences punishable under Ss. 306,114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.

(2.) Seeking quashment of the FIR, learned advocate Mr Dagli, for the petitioner referring to the FIR in question would submit that the minor dispute has entailed in major result of suicide by the deceased. He would further submit that according to the FIR, the complainant is in habit of playing gambling of Satta in the market and ultimately, while doing so, he lost substantial amount and because of that, he has taken extreme step of suicide. He would further submit that essential ingredients of offence under sec. 306 of the IPC are completely missing in the present case. He would for the submit that there is no instigation, which lead the deceased to commit suicide.

(3.) To buttress his submission, learned advocate Mr. Dagli has relied upon the decision of this Court in case of Pinkiben Soni Vs. State of Gujarat rendered in Criminal Misc. Application No.1790 of 2014, in case of Chimanlal Makwana Vs. State of Gujarat rendered in Criminal Misc. Application No.2772 of 2010 and decision of the Hon 'ble Apex Court in case of Swamy Prahladdas Vs. State of MP and others, 1995 Supplimentary (3) SCC 438.