SACHIN BALWANT KASHID Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard fnally with the consent of the learned counsel appearing for the parties.

(2.) The petitioner has fled this Petition under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) for quashing of the First Information Report ('FIR' for short) bearing C.R.No.100/2020 registered with Rajgad Police Station, District - Pune, for the offence punishable under Section 306 of the Indian Penal Code ('IPC' for short).

(3.) The facts of the case in brief are as under : It is alleged by the respondent No.2 - complainant that his father was working with 'Universal Constructions Pvt. Ltd.', Shivare, Bhor, Pune as a Machine Operator. It is further alleged that on 1/2/2020 the respondent No.2 - complainant received a phone call from the mobile of his father by Killa Police Station informing him that his father had committed suicide by hanging himself on a tree. The police showed the suicide note to the respondent No.2 - complainant after identifying the dead body at General Hospital at Malegaon. It is alleged that the complainant's father worked with the said company for more than 30 years and retired on 30/6/2019. His father was not paid retiral dues in the nature of gratuity fund, provident fund, pension and leave encashment. The complainant's father requested for the release of the retiral dues from time to time. The petitioner had assured the respondent No.2's father that he will be paid the said amount. It is further alleged that even after retirement the respondent No.2's father continued to work for the said company. He was, however, not paid his salary. It is alleged that the respondent No.2's father was frustrated as a result of the refusal on the part of the company to pay retiral and salary dues.