Document Fragment View

Matching Fragments

This common order will dispose of two petitions filed under Section 482 Cr.P.C. for quashing of FIR no.365 dated 25.12.2020 registered under Sections 306, 34 IPC at Police Station Salem Tabri, District Ludhiana 1 of 15 and all other consequential proceedings arising therefrom on the basis of compromise.

The first petition, i.e. CRM-M-29142-2021 has been filed by Arsh Vikram Singh and the second petition, i.e. CRM-M-29582-2021 has been filed by Kushal Singh. With the consent of all the parties, the petition, i.e. CRM-M-29142-2021 is being taken up as the lead case and the facts are being taken up from the said petition.

1. The undersigned has recorded the statement of complainant namely Manjit Singh son of Nirmal Singh who stated in his statement that he is complainant of the present case and on his statement present case bearing FIR No. 365 dated 25.12.2020 registered under Section 306 IPC, Police Station Salemn Tabri, Ludhiana was registered against accused persons namely Kushal Singh and Arsh Vikram Singh and now with the intervention of respectables, he has entered into compromise vide compromise deed Ex.PA with the accused persons without any pressure, coercion and undue influence. He has no objection, if the present FIR be quashed. He also placed on record copy of his Aadhar card Ex-Pl as his identity proof. Statement of Manjinder Kaur (wife of deceased Ravinder Singh), Partap Singh and Tej Kaur also got recorded to this effect. Therea fter, separate statement of accused namely Arsh Vikram Singh was recorded who stated in his statement that he is accused in above said FIR and now with the intervention of respectables, he had entered into compromise with the complainant along with others as stated in compromise deed Ex. PA, without any pressure, coercion and undue influence. He further stated in his statement that no P.O. proceedings are pending against him nor he had been declared P.O. in any case and in any court. He had also placed on record his Aadhar card as his identity proof and same is Ex. DI.
2. Thereafter, undersigned recorded the statement of Investigating Officer of the present case namely IO ASI Rajwant 3 of 15 Singh.
3. It is humbly submitted that as per record available with the court of undersigned there are only two accused namely Arsh Vikram Singh and Kushal Singh who are arrayed as accused in FIR No. 365 dated 25.12.2020 registered under Section 306 IPC, Police Station Salem Tabri. Ludhiana. These accused persons have not declared as proclaimed offender in above said FIR. It is further submitted that the accused persons are not involved in any other case. Challan is yet to be presented in the present FIR. There is only one complainant namely Manjit Singh and the victim was his brother-in-law namely Ravinder Singh who had committed suicide.

From perusal of the suicide note as well as the FIR, it is clear that the deceased had borrowed an amount of Rs.20,000/- from Arsh Vikram Singh and was required to return the same and Arsh Vikram Singh and Kushal used to repeatedly ask him to return the said money. The said allegation would not even remotely constitute the offence under Section 306 IPC.

The Madhya Pradesh High Court in Munnalal Jain's case (supra) has held as under:-

"7. On perusal of the suicidal note alleged to be written by deceased Kalicharan it is apparent that he had taken a loan of Rs. 1,00,000/- from a person belonging to village Banskhedi on the surety of the applicant/ accused Munna Chowdhary and also agreed to pay the amount with interest @ 3% per annum and out of which he had returned a sum of Rs. 1,40,000/-Thereafter it is alleged that the applicant/accused is further demanding remaining amount of Rs. 1,55,000/- and on the date of incident he also demanded the aforesaid due amount of Rs. 1,55,000/- positively till 11 of 15 the next morning. Thus, in the aforesaid suicidal note there is nothing written that the applicant/accused had stated anything to the deceased Kalicharan for commission of suicide and the only allegation against him is for demanding of remaining amount of Rs. 1,55,000/- forcefully. Admittedly the aforesaid amount is loan amount and in view of that the demand of any loan amount itself does not prove the instigation for commission of suicide.