SARLA RATNAKAR DHUMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned Advocates for the parties finally, by consent.

(2.) The applicant has filed present application for quashing the FIR vide Crime No.427 of 2019 registered with Pundliknagar Police Station, Dist. Aurangabad for the offence punishable under Sec. 305 of Indian Penal Code (for short "IPC") as well as entire proceedings i.e. chargesheet bearing No.131 of 2020 which is numbered as R.C.C. No.331 of 2021 and presented before the learned Judicial Magistrate First Class, Aurangabad.

(3.) Present respondent No.2 has filed the said FIR contending that he resides with his wife Bhimabai, daughter Shraddha and deceased Suraj. Suraj was aged 12, whereas Shraddha is aged 9. Suraj as well as Shraddha were taking education in Kalawati Chavan High School, Shivajinagar. The applicant/original accused has her shop adjacent to the house of the informant. Suraj had gone to the shop of applicant at about 10.45 a.m. on 17/10/2019. Thereafter, Suraj as well as Shraddha went to school around 11.00 a.m. The applicant was under the impression that when Suraj had come to the shop, he has stolen amount of Rs.50.00 from the cash box of the shop and therefore, she went to the school around 11.15 a.m. Thereafter, the applicant shouted when she saw Suraj as well as Shraddha that Suraj should be caught as he has stolen Rs.50.00. Due to the fear of assault and defame, Suraj ran away from the school. He was chased by Shraddha as well as applicant, but they could not catch him. Applicant told the said incident to the informant on phone. Thereafter, informant went to her shop. At that time, she gave details of the incident and then informant and his family members searched for Suraj, as he could not be traced. Thereafter, around 8.00 p.m. Pundlik Nagar Police Station gave telephone call to the informant stating that Suraj has committed suicide on the railway track and the informant should come to Ghati Hospital. Informant went to Ghati Hospital and saw the dead body of Suraj and then the informant says that the applicant has abetted the commission of suicide by Suraj. Now, the investigation has been complete and the charge-sheet has been filed.