Case Note & Summary
The applicant, Santoshkumar Raj Kishor Prasad Singh, was the Branch Manager of Bank of Maharashtra, Morshi Branch. The complainant, Prashant Wamanrao Gawande, had a loan account with the bank. The complainant's father, Wamanrao Gawande, committed suicide. An FIR was registered against the applicant under Section 306 of the Indian Penal Code for abetment to suicide. The applicant filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the FIR. The High Court examined the FIR and the material on record. The court noted that the deceased had taken loans from the bank and was unable to repay them. The applicant, as branch manager, had taken steps for recovery of the loan amount. The court found that there was no allegation that the applicant instigated or harassed the deceased to commit suicide. The suicide was due to the deceased's own financial difficulties. The court held that the FIR did not disclose any prima facie case of abetment to suicide. The court quashed the FIR and all proceedings arising from it.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The High Court can quash an FIR if no prima facie case is made out and the allegations do not disclose any offence. (Para 1)
B) Indian Penal Code - Abetment to Suicide - Section 306 IPC - Ingredients - For conviction under Section 306 IPC, there must be direct or indirect acts of instigation, incitement, or harassment that drive the deceased to commit suicide. Mere recovery actions by a bank manager in discharge of official duties do not constitute abetment. (Paras 5-7)
C) Criminal Law - Prima Facie Case - Loan Recovery - The deceased committed suicide due to financial difficulties and inability to repay loans, not due to any instigation by the applicant. The FIR does not disclose any act of the applicant that would amount to abetment. (Paras 6-7)
Issue of Consideration
Whether the FIR against the applicant, a bank manager, for offence under Section 306 of the Indian Penal Code for abetment to suicide of the complainant's father, is liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973, for lack of prima facie material showing instigation or harassment.
Final Decision
The High Court allowed the application and quashed the FIR No.147/2015 registered with Morshi Police Station, District Amravati, for offence under Section 306 of the Indian Penal Code, and all proceedings arising therefrom.
Law Points
- Abetment to suicide
- Section 306 IPC
- Section 482 CrPC
- quashing of FIR
- prima facie case
- instigation
- harassment
- loan recovery
- bank manager's duty
Case Details
2020 LawText (BOM) (09) 68
Criminal Application (APL) No.63 of 2016
V.M.Deshpande, Anil S. Kilor
Shri Anand Deshpande for the Applicant; Shri M.J.Khan, Addl.P.P. for NA No.1/State; None for NA No.2
Santoshkumar s/o Raj Kishor Prasad Singh
The State of Maharashtra, through the Police Station Officer, Morshi, Taluka Morshi, District Amravati; Prashant Wamanrao Gawande
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR registered for offence under Section 306 IPC.
Remedy Sought
Quashing of FIR No.147/2015 registered with Morshi Police Station, District Amravati, for offence under Section 306 IPC, and stay of further investigation.
Filing Reason
The applicant, a bank manager, was accused of abetment to suicide of the complainant's father due to loan recovery actions.
Previous Decisions
Interim stay was granted on 1.2.2016 and continued on 1.9.2016 when the proceedings were admitted for final hearing.
Issues
Whether the FIR against the applicant for offence under Section 306 IPC discloses a prima facie case of abetment to suicide?
Whether the FIR is liable to be quashed under Section 482 CrPC for lack of material showing instigation or harassment?
Submissions/Arguments
The applicant submitted that he was acting in discharge of his official duties as branch manager and there was no instigation or harassment leading to the suicide.
The State opposed the application, but the court found no prima facie case.
Ratio Decidendi
For an offence under Section 306 IPC, there must be direct or indirect acts of instigation, incitement, or harassment that drive the deceased to commit suicide. Mere recovery actions by a bank manager in discharge of official duties, without any evidence of instigation or harassment, do not constitute abetment to suicide. The FIR did not disclose any prima facie case against the applicant.
Judgment Excerpts
This is an application under Section 482 of the Code of Criminal Procedure.
By presenting this application, the applicant prayed for quashing of First Information Report (Annexure-C), registered with Morshi Police Station, District Amravati, vide Crime No.147/2015, for offence punishable under Section 306 of the Indian Penal Code.
Procedural History
The applicant filed Criminal Application (APL) No.63 of 2016 under Section 482 CrPC seeking quashing of FIR. On 1.2.2016, notices were issued and interim stay was granted. On 1.9.2016, the proceedings were admitted for final hearing and the interim order was continued. The State filed a detailed reply. Non-applicant No.2 was served but did not appear. The court heard the matter and delivered judgment on 9.9.2020.
Acts & Sections
- Indian Penal Code, 1860: 306
- Code of Criminal Procedure, 1973: 482
