RAMCHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure has been preferred by the petitioner/accused for quashing the FIR registered vide Crime No.110/20221 at Police Station Nalkheda, District Agar Malwa on 17/4/2022, the final chargesheet dtd. 22/7/2022 against him for alleged offences punishable under Ss. 420, 306 and 34 of the IPC and all consequential proceedings. Learned counsel for the petitioner submits that he is pressing this petition only in so far as the offence punishable under Sec. 306 of the IPC is concerned.

(2.) As per the prosecution, a written complaint was lodged by certain persons against Dinesh, Rajesh and Padmadevi to the effect that they have taken the crops of the farmers and have kept it in their godown and are not making payment of the same. The deceased Laxminarayan was one of the complainant. Upon the complaint the persons who had allegedly kept the crops in the godown were called and during conversation it appeared to Laxminarayan that he is not going to get back his money and he got highly disturbed due to the same and went home and committed suicide on 27/4/2022 by consuming a poisonous substance. He was taken to the hospital but was declared dead. On the death upon furnishing of the intimation, merg was registered and investigation was commenced, upon completion of which the applicant has been implicated and arrested for the present offence.

(3.) Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the case. The entire allegations as leveled against the petitioner even if taken to be true at their face value do not amount to an offence punishable under Sec. 306 of the IPC. There is no allegation against the petitioner of either instigating or abetting the deceased in any manner to commit suicide and it cannot be said that due to act of the petitioner, the deceased had no other option but to commit suicide. He had various other legal remedies available to him. The act alleged against the petitioner is only to the effect that he was one of the accused who had taken the crops of the deceased and had kept it in his godown and was not making payment of the same. The same cannot in any manner be said to be abetment or instigation or even a remote cause for the deceased to commit suicide. It is hence submitted that the FIR registered against the petitioner be quashed.