BHAGIRATH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure [for short "the Code"] has been filed to quash the FIR in regard to Crime No. 22/2015 registered at Police Station Karanwas, District Rajgarh for the offence under Section 306 of the IPC.

(2.) BRIEF facts giving rise to this application are that on 01.02.2015, at 10.10 p.m., a merg No. 02/2015 has been registered at Police Station Karanwas stating that Kaluram met with an accident with train and his dead body was lying at Bhatkhedi culvert near railway track. P.C. Lot ASI of Police Station Karanwas had prepared an inquest panchnama and recovered a suicidal note from the dead body. During merg inquiry it was disclosed that after repeated demands the applicants were not ready to pay Rs. 9,50,000/ - and Rs. 2,50,000/ - respectively to the deceased, therefore, he committed suicide. On this basis Crime No. 22/2015 under Section 306 of the IPC against the applicants has been registered at Police Station Karanwas. After investigation final report has been filed against the applicants alleging that they have abetted the deceased to commit suicide. The applicants have filed this application stating that the allegations made in FIR are false and even if they have taken at the face value no offence is made out for prosecuting the applicants under Section 306 of the IPC. Thus, prayed for quashing the FIR.

(3.) ON the other hand, learned Govt. Advocate vehemently opposes the prayer. He submits that there is ample evidence against the applicants that they have not only denied to pay huge amount to the deceased but they have threatened him, therefore, he has no option except to commit suicide. Thus, the application is liable to be dismissed.