SUNIL MUNESHWAR YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard by consent of learned Counsel for the respective parties.

(2.) This application is for quashing of F.I.R. No.561 of 2018 registered by non-applicant no.1 on the complaint of non-applicant no.2 for the offence under Section 306 r/w. 34 of the Indian Penal Code. It is the case of applicants that deceased Muneshwar Yadav and Shobha Muneshwar Yadav were parents of applicant no.1, while applicant no.2 is wife of applicant no.1. Non-applicant no.2 Shilpa Pradip Yadav is married sister of applicant no.1. At the time of incident, deceased parents of applicant no.1 and Complainant were residing with the applicants who had married in the year 2009 and the applicants used to take due care of deceased since both of them were aged and suffering from various diseases. Apart from Complainant Shilpa, deceased had elder daughter who was married and who was staying at Yavatmal. Relations between Complainant and deceased were not cordial since she had married with one Pradip Yadav of Nandura against their wish and as such, after her marriage, deceased parents had not kept relations with Complainant. According to the applicants, on this count, relations between Complainant and deceased were strained as she used to invite quarrels with them demanding partition in the immovable property. Since the deceased were suffering from various ailments and were aged people, a Will deed came to be executed by deceased Muneshwar on 8.3.2018, by which he bequeathed immovable property in favour of applicant no.1; while deceased Shobha Muneshwar Yadav, by executing Will, bequeathed one acre of agricultural land out of total land admeasuring 1 H 67 R in favour of Complainant and remaining land was distributed amongst applicant no.1 and his elder sister Sunita. It is specific case of the applicants that as Complainant was given a small share in the immovable property, she was unhappy and used to quarrel with her parents .

(3.) It is further case of applicants that the deceased were aged about 72 years and 62 years respectively. Deceased Muneshwar was suffering from diseases like Enophthalmos, Chronic sugar, High B.P. and other diseases and was often required to be admitted in hospital for medical treatment; while deceased Shobha was suffering from Spondylitis as well as back problem due to which she was unable to walk. Thus, according to the applicants, both the deceased were suffering from physical ailments and on 12.6.2018, they died of consuming poison. While residing with applicants, however, the deceased were occupying separate room and hence, applicant no.1 got to know about the incident on the following day when he informed police upon which Marg No.43 of 2018 came to be registered and was investigated.