LAWS(MPH)-2024-4-55

RAMEEZ KHAN Vs. STATE OF MADHYA PRADESH

Decided On April 02, 2024
Rameez Khan Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner/accused for quashment of FIR No.921/2020 for the offence punishable under Sec. 306/34 of the IPC at Police station Chandan Nagar, District Indore and the final report filed in connection with the said FIR.

(2.) As per the prosecution, on 27/6/2020 deceased namely; Gopal Mandhania committed suicide by hanging himself. On his death. a merg was registered and investigation was commenced during the course of which a suicide note in handwriting of the deceased was recovered. The statements of various witnesses were also recorded. From the aforesaid, it transpired that the deceased had entered into monetary transactions with several persons and was liable to make payment to some of them and was to receive payment from few of them. The petitioner had been harassing the deceased in respect of recovery of the amount from him. On account of harassment having been meted out to him by petitioner as aforesaid, the deceased eventually committed suicide. On completion of the investigation, the charge sheet has been filed by the Police before the Court concerned.

(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. 306/34 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.