NITIN SHARMA DEVMURARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C has been filed to invoke the extraordinary jurisdiction of this Court and to quash the FIR No.208/2017 dated 27.3.2017, registered at Police Station- Itarsi Hoshangabad, wherein the offence under Section 306 read with Section 34 of IPC and Section 4 of the MP Riniyon Ka Sanrakshan Adhiniyam, 1937 have been registered against the petitioner/accused.

(2.) Brief fact of the prosecution story, which are necessary for disposal of the petition are that, the deceased Santosh had borrowed certain loan from the petitioner/Nitin Sharma and another person Vijay Bhangele. Allegedly, the accused persons were harassing the deceased to recover their interest amount. The deceased was called several times by the petitioner and was being threatened. Feeling harassed by the actions of the accused persons, in the intervening night of 13-14th of February, 2017, he leaving a "suicide note" hanged himself and committing suicide. The statements of Santosh, Preetam Yadav & Arif Khan have been recorded, in which they have averred that, the accused persons harassed the deceased because of which, he has taken such a drastic step by committed suicide. Chargesheet has been filed for offence as mentioned above.

(3.) On behalf of the petitioner, it is submitted that the petitioner is innocent. There has been certain money transaction due to which Nitin Sharma had filed a case under Section 138 of the Negotiable Instruments Act on 4.5.2016. In which a compromise has been arrived at on 11.2.2017. A receipt has been given by the deceased, executed in favour of the accused person Nitin Sharma and acknowledged receiving of Rs. 1 Lac from him. It is also contended that, the petitioner has by lawful means received the money advanced to the deceased along with the interest. The accused persons has never abated the commission of the offence.