FAQIR CHAND Vs. UT OF J&K

JUDGEMENT

(1.) Petitioners through the medium of this petition filed under Sec. 482 CrPC seeks quashment of FIR No. 197/2023 registered at Police Station, Samba for commission of offences punishable under Ss. 306 and 109 IPC on the ground that the deceased, namely, Bodh Raj had committed suicide and there is no active instigation on the part of the petitioners, who have been accused of having abetted the suicide by the said Bodh Raj on 20/7/2023. It was admitted that the deceased-Bodh Raj had filed a civil suit against the petitioner Nos. 1 and 2, namely, Faqir Chand and Surjeet Kumar and merely contesting a suit by the petitioner Nos. 1 and 2 against the deceased in a suit filed by him, cannot be construed to be an active instigation for his suicide, as a person of a grown age is not expected to commit suicide just for a suit filed by him, being contested by the other side.

(2.) Heard and considered.

(3.) Learned counsel for the petitioners while reiterating the assertions made in the petition, has vehemently argued that the impugned FIR is required to be quashed and further investigation into the case is required to be stayed for the aforesaid facts.