SHASHI BHUSHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Apprehending his arrest in FIR No. 230 for offence punishable under section 306 of Indian Penal Code, registered at PS Mahesh Nagar, Ambala Cantt., the present petition has been filed under section 438 of the Code of Criminal Procedure (in short, 'the Code') by petitioner-Shashi Bhushan Goel, father of co-accused Divya Goel.

(2.) The present case pertains to suicide by Vaibhav, who was working as Assistant Clerk in Block Development and Panchayat Office at Barada. The first information report has been lodged by Gaurav Garg son of late Suresh Kumar, brother of the deceased, on allegations that Divya Goel, daughter of the present petitioner, had developed intimacy with the deceased for the last five years. In the last week of April 2013, Divya made a call, talked to the complainant and his mother that she did not want to keep any relations with Vaibhav. The deceased had been receiving threatening calls from an unkonwn caller for the last more than one month causing mental tension to the victim. One week before the occurrence, the deceased received threatening call from an unknown number, causing more disturbance. The deceased committed suicide on 01.07.2013 by hanging with a fan in a room. The deceased allegedly left behind suicide note indicting Divya and others, including the present petitioner.

(3.) Counsel for the petitioner contends that on 28.05.2013, the petitioner lodged a complaint with the police which was recorded in DDR No. 11 dated 28.05.2013 that his daughter has been receiving calls from Vaibhav creating tension and disturbance. It is further submitted that even if it is assumed and accepted that the petitioner had been making calls to the deceased to keep himself away from his daughter and to severe relations with Divya Goel, it is debatable if the said conduct can constitute abetment to suicide. It is further submitted that if the deceased had felt disturbed because of his relations with Divya gone in rough weather, the petitioner cannot be condemned for an unfortunate death of Vaibhav. Divya Goel has been arrested in the case and is in custody. The petitioner is ready to join investigation and cooperate throughout when otherwise, no recovery is to be effected from him.