KIRAN AJAY SANGAMWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Heard finally with the consent of learned Counsel for both the parties.

(2.) By this application, the applicant is seeking to quash and set aside the Criminal proceedings registered vide Sessions Trial No.677/2021 alongwith charge-sheet No.126/2021 for the offence punishable under Ss. 306 read with Sec. 34 of the Indian Penal Code.

(3.) It is the case of the applicants that even the contents raised in the complaint and the statement recorded during the investigation even if they are taken at their face value and accepted in their entirety do not prima facie constitute the offence under Sec. 306 of the Indian Penal Code. The allegations falls short to demonstrate that the present applicants have anytime instigated to the deceased to commit suicide or applicants have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide. Hence, on this count, they challenged the registration of the offence as well as the proceedings which is registered against them in the present matter.