Mahendra Nath & Anr vs State & Anr on 28 October, 2009

           Mahendra Nath & Anr. vs. State of Rajasthan & Anr.

                     S.B.Cri.Misc. Petition No.1615/09



Date of Order :                                                28.10.09


                  HON'BLE MR. JUSTICE K.S.RATHORE



Mr.Sanjay Mathur for the petitioner/s.
Mr.A.R.Nikub , Public Prosecutor.


       This cri.misc. petition      on behalf of the petitioner is filed for

quashment of FIR No. 232/09 registered at Police Station Tara Nagar,

District Churu for the offence under section 306 IPC.



       The facts of the case giving rise to this petition are that on 14.08.09

at near about 11.50 AM , Chhotu Ram s/o Bhadar Nath lodged a report

at Police Station, Tara Nagar , District Churu mentioning therein that they

are four brothers    and all are living separately and one of the brothers

is married to Ashi Devi. It is stated that Ashi Devi has illicit relations with

Mahendra Nath (petitioner). It is not disputed that Maga Nath              has

committed suicide.



  Learned counel for the petitioner submits that no offene under section

  306 IPC      is made out against the petitioner and thus the FIR in

  question is required to be quashed and set aside and in support of this

  submission , learned counsel for the petitioner has placed reliance on

  Manish Kumar Sharma vs. State of Rajasthan (1994 Cr.L.R.(Raj.) 249

  whereby the revision petition filed against the framing of charge for
 abetment to commit suicide not sufficiently proved that the petitioner

ever instigated   the   deceased to committed suicide, quashed the

charge framed against the petitioner.



 Here, the present petition is jointly filed by the petitioner and wife of

the deceased for quashing of the FIR in question . The ratio decided by

this Court in Manish Kumar Sharma's case (supra) is not applicable

to the present case as it is for the investigating agency to investigate

whether the petitioner is guilty of abetment or not. At this stage        it

cannot be said that the FIR is false at its face value, in view of the ratio

laid down by the Supreme Court in the case of State of Haryana & Ors.

vs. Bhajan Lal & Ors. (1992 Suppl.(1) SCC,335), this Court do not find

any merit in the instant misc.petition No.1615/2009 for quashment of

FIR No.232/2009. The misc.petition is hereby dismissed being devoid

of merit.

  The stay application also stands rejected.



                                                     (K.S.RATHORE) , J.