DIGVIJAY NIVRUTTI KAUSALYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed under Sec. 482 of the Code of Criminal Procedure initially for quashing the FIR vide Crime No.365 of 2023 dtd. 23/10/2023 registered with Bhokar Police Station, District Nanded and later on, by way of amendment, for quashing the proceedings in R.C.C. No.15 of 2024 pending before the learned Judicial Magistrate First Class, Bhokar, District Nanded for the offences punishable under Ss. 304-B, 306, 498-A read with Sec. 34 of Indian Penal Code.

(2.) Heard learned Advocate Mr. S. J. Salunke for the applicants, learned APP Mrs. P. R. Bharaswadkar for respondent No.1/State and learned Advocate Mr. M. L. Dharashive for respondent No.2.

(3.) Learned Advocate appearing for the applicants has taken us through the FIR and the contents of the charge-sheet and submits that it is not in dispute that applicant No.1 got married to the daughter of respondent No.2. The marriage between applicant and deceased Ambika took place on 15/5/2023 and further it is not in dispute that Ambika committed suicide on 7/10/2023 while she was residing with her father/respondent No.2 at Borgaon, Taluka Bhokar, District Nanded. Present respondent No.2 himself had filed A.D. when it was noticed that Ambika had hanged herself by means of Saree to the wooden beam in the house of respondent No.2. Inquest panchanama was prepared and the dead body was sent for postmortem. The postmortem report gives the cause of death as "asphyxia due to hanging". Learned Advocate for the applicants submits that the FIR has been lodged on 23/10/2023 and the delay has not been properly explained, when respondent No.2 himself had lodged the A.D. If we peruse the FIR then it is to be noted applicant No.1 was serving in a private bank at Pune, however, deceased Ambika was staying with her parents-in-law at Abhinav Nagar, Taluka Kandhar. There was dispute between the in-laws and Ambika. When her parents-in-law i.e. applicant Nos.2 and 3 had gone to village Chincholi to attend funeral of their relative, at that time, Ambika was alone and she left the house without informing anything to anybody. Present applicant No.2 had given a phone call to informant around 4.00 p.m. and asked as to whether Ambika had come to his house. Informant has answered it in the negative. Search was taken and ultimately applicant No.2 had lodged the missing report on 22/6/2023. She was found on 2/7/2023. The girl was taken by applicant No.2 and when informant asked permission to applicant No.2 to take Ambika to his place, applicant No.2 stated that they can take her after four days. Thereafter, she was brought to informant's house and then he had made the inquiry, at that time, Ambika disclosed that all the applicants were asking her to bring amount of Rs.5,00,000.00 for purchasing a plot at Pune and two Tolas of gold. On that count they were unnecessarily harassing her. Due to the harassment, she went from the house without informing anybody and she wanted to commit suicide. Informant then persuaded her by saying that he would give advise to the applicants, but then on 7/10/2023 when the girl was in the house alone, due to the thoughts about harassment by the applicants, she has committed suicide. These are the allegations.