DEEPAK PANDIT BHOSLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application is filed under Sec. 482 of the Code of Criminal Procedure (Cr.P.C.) seeking to quash F.I.R. 0094/2023 registered with Police Station Limbgaon, Dist. Nanded for the offence punishable under Sec. 306 read with Sec. 34 of the Indian Penal Code (I.P.C.) and Regular Criminal Case No.1580/2023 pending on the file of learned Chief Judicial Magistrate, Nanded. Respondent No.2 is informant.

(2.) Father of respondent No.2 Shri Pralhad Rathod has committed suicide in the night intervening 25/6/2023 and 26/6/2023 by hanging himself to the roof of house. Respondent No.2 has lodged F.I.R. against the present applicant and Priyanka, who is wife of respondent No.2 on 18/7/2023.

(3.) A perusal of F.I.R. will demonstrate that respondent No.2 alleges that the present applicant/accused No.2 had developed illicit relations with accused No.1, who is wife of respondent No.2. Respondent No.2 has stated that on 23/6/2023, his father had gone for doing manual labour work at Nasaratpur and after finishing his work, he returned to home at around 3.00 to 3.30 p.m. When he returned to the house, he called the wife of respondent No.2 asking her to give him water. Since the wife of respondent No.2 did not bring water, he casually opened the door of one of the rooms in the house and was shocked to find that the present applicant and wife of respondent No.2 were indulging in sexual activity. Respondent No.2 alleges that his father was deeply disturbed due to this. He was afraid about reputation of the family in the society. He has stated that the present applicant had warned the deceased that he should not disclose the incident to anybody or else he will eliminate him. He was also afraid that the present applicant would kill him since he was witness to the said incident. He states that the father has committed suicide due to the said incident coupled with death threat extended by applicant No.1 to him.