Case Note & Summary
The applicant, Arpit @ Appu Ramanbhai Parera, filed a Criminal Misc. Application under Section 482 CrPC seeking quashment of FIR No.11204047210512/2021 registered at Nadiad West Police Station, District: Kheda, under the Gujarat Money Lending Act and the Indian Penal Code. The FIR was lodged by Vanitaben, sister of the deceased Kalpesh, alleging that four accused, including the applicant, harassed the deceased for non-repayment of a loan with exorbitant interest, leading to his suicide. The applicant's counsel, Mr. Vishal Mehta, argued that except for bare allegations, no specific allegations were made against the applicant; the FIR indicated that the applicant lent money to one J.D., not the deceased, and recovery was sought from the deceased along with other accused. He contended that even accepting the allegations, it was merely a money transaction and demand for repayment, which does not satisfy the essential ingredients of Section 107 IPC (abetment). He also noted that the FIR had been quashed against co-accused Sachin, Dego, and Ashish Parmar by order dated 08.04.2024. The learned APP, Ms. Vrunda Shah, opposed the application, submitting that the deceased, aged 35, committed suicide due to continuous harassment by the accused. The court, after hearing both sides, found that no specific allegations were made against the applicant and the essential ingredients of Section 107 IPC were not satisfied. The court also noted that the FIR had been quashed against other accused. Consequently, the court allowed the application and quashed the FIR against the applicant.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - FIR quashed where no specific allegations made against applicant and essential ingredients of Section 107 IPC not satisfied - Court held that mere money transaction and demand for repayment without more does not constitute abetment to suicide (Paras 1-3).
Issue of Consideration
Whether the FIR against the applicant under the Gujarat Money Lending Act and IPC for abetment to suicide should be quashed when no specific allegations are made and the essential ingredients of Section 107 IPC are not satisfied.
Final Decision
The application is allowed. The FIR being CR No.11204047210512/2021 registered at Nadiad West Police Station, District: Kheda is quashed and set aside qua the present applicant.
Law Points
- Quashing of FIR
- Abetment to Suicide
- Section 107 IPC
- Gujarat Money Lending Act
- No specific allegations
- Essential ingredients not satisfied
