SAVITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of Mr.T.G.Bansod, learned Counsel for the applicant and Mr.S.D.Sirpurkar, learned Additional Public Prosecutor for respondent no.1/State. None for respondent no2, though served.

(2.) Prayer in this application is to quash and set aside F.I.R. No.205 of 2018, dt.22.4.2018 registered by Sindewahi Police Station, District Chandrapur for the offence under Section 306 of the Indian Penal Code. By an interim order dt.9.10.2018, this Court had restrained prosecution from filing of charge-sheet. Learned Additional Public Prosecutor has produced case diary.

(3.) It is the case of applicant that she is a married woman having no criminal antecedents; however, she is falsely involved in the case on the basis of report lodged by respondent no.2, on holding inquiry of Marg No.19 of 2018, under Section 174 of the Code of Criminal Procedure, which was registered after death of deceased Pravin s/o. Devidas Gahane, who died of hanging in his house on 21.4.2018 at about 5.30 p.m. Mr.T.G.Bansod, learned Counsel for applicant, by referring to report, submitted that the only allegation against the applicant involving her in the present crime is of her slapping deceased on the day of incident at around 3.30 p.m. when she was proceeding by road when deceased was present at the pan shop talking on his mobile phone with somebody else. The applicant, thinking that the conversation was meant for her, though the deceased told her that he was talking on mobile phone with somebody else, by abusing deceased, gave one slap on his face and left from the spot. It is submitted that, only because of this incident, it is the case of prosecution that the deceased committed suicide. It is further submitted that since no ingredients necessary to constitute offence under Section 306 of the Indian Penal Code can be said to be attracted against the applicant nor she can be said to have any object or intention to abet suicide and since her involvement is only by way of her slapping deceased at around 3.00 p.m., she cannot be directly be linked with death of deceased. The learned Counsel, therefore, prayed that the application be allowed.