BHEEM SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed under section 482 of the Criminal Procedure Code, 1973 (hereinafter, for short, 'the Code') for quashment of FIR dated 06/10/2017 bearing Crime No. 239/2017 registered at Police-Station-Manawar, District-Dhar against the applicant under Section 306 of the IPC.

(2.) The facts of the case are in brief that the applicant became the partner in business with the deceased Chandan Singh and he had invested Rs. 9,20,000/- in business. The deceased has returned the amount of Rs. 7.0 lacs to the applicant. As the business incurred loss and applicant started making demands of remaining Rs. 2,20,000/- from the deceased alongwith interest @ 3%. It has been further alleged that the applicant mentally harassed the deceased during last one year to compel him to return his money. Being disheartened by this, On 08/04/2017, the deceased has committed suicide by hanging himself.

(3.) It is submitted by the learned counsel for the applicant that there is no prima facie material against the applicant for abetting the deceased to commit suicide. The ingredients of abetment are absent in the present case. It is further submitted that the applicant has never harassed the deceased. Prosecution of the applicant amounts to abuse of process of law. It is prayed that the FIR dated 06/10/2017 bearing Crime No. 239/2017 registered at Police-Station-Manawar, District-Dhar against the applicant under Section 306 of the IPC deserves to be quashed.