ARJANBHAI VEJABHAI ODEDARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has approached this Court praying that the FIR being C.R No.I95/2012 registered at Bhanvad Police Station, District: Jamnagar, be quashed and set aside.

(2.) Respondent No.2original complainant has filed the First Information Report in question. Before the Police Authority, she stated that she and her husband Bhayabhai Vaghaliya were agricultural labourers. She was working in the farm of one Harbhan Arjan Khooti. Her husband was working in a field nearby. On 01.09.2012, her husband after having worked at a well, came to her and admonished her for having done incomplete work on the field and an argument resulted. The accusedthe applicant herein in good faith summoned the warring husband and wife and tried to resolve the dispute. The complaint further goes to record that the accused then slapped the complainant's deceased husband and told him to remove his belongings from the place. On the same date late in the night, she was informed by her relative that her husband had consumed poison and committed suicide. An ambulance was called and her husband was shifted to the Bhanvad Government Hospital. Her husband died soon. The complaint further records that while the complainant's husband was being transported to the hospital, he gave a statement to his relatives that he was forced to take the extreme step of committing suicide as the accused Arjan, the applicant herein had slapped him. Based on this First Information Report, the accusedapplicant herein has been accused of committing an offence under Section 306 and 506(2) of the Indian Penal Code. By this petition, the applicant has come forth praying that the complaint be quashed.

(3.) Ms Dhruvangi Rana, learned advocate appeared on behalf of Mr P P Majmudar, and argued that the complaint in question deserves to be quashed, in view of the fact that the ingredients of the offence under Section 306, 506(2) have not been made out. According to Ms. Rana for Mr P P Majmudar, merely because an averment is made in the complaint that the applicant slapped the deceasedhusband of the complainant, in no manner it can be said that he was driven to commit suicide. It was not a case where the applicant could be arraigned for an offence of abetment under the provisions of the Indian Penal Code.