Application filed to quash FIR against applicants involved in an attempted suicide case. Court relied on precedent suppressing charges when the victim survived, allowing the application partially.
FIR bearing Crime No.410/2021 quashed and set aside so far as it relates to the applicants.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
apl1118.22
2023:BHC-NAG:16243-DB
Judgment
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] NO. 1118 OF 2022.
1.Shrenik s/o Rajendra Munot, Age 32 years, Occupation – Bank Service, resident of Main Road, Athodi Bazar, Pandharkawada, Yavatmal, Maharashtra [445302]. 2.Mayank s/o Narendra Bafna, Age 30 years, Occupation – Business, resident of Ward No.8, Near B.O.M. Rajnandgaon, Chhttisgarh 491881. ... APPLICANTS.
VERSUS
1.State of Maharashtra, through Police Station Gondia Rural, Gondia, Maharashtra. 2.Kapil Pravinkunar Agrawal, Age 36 years, Occupation - Business, resident of Bamleshwari Colony, Fulchur, Gondia, Tahsil and District Gondia. ... NON-APPLICANTS.
--------------------------------Mr. M.V. Bambarde, Advocate for Applicants. Mr. N.B. Jawade, A.P.P. for Non-applicant no.1 - State. Mr. V.K. Nankani, Advocate for Non-applicant No.2.
Rgd.
apl1118.22
2
Judgment
CORAM : VINAY JOSHI AND M.W. CHANDWANI, JJ.
DATE : NOVEMBER 02, 2023.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard. Admit. By consent of the learned Counsel
appearing for the respective parties, the matter is taken up for final disposal.
Rgd.
Judgment apl1118.22
3
Undisputedly, a person who tried to commit suicide has fortunately survived and therefore, this Court took a view that there cannot be an offence punishable under Section 306 read with Section 511 of the Indian Penal Code. Particularly, this Court has expressed that invoking provisions of Section 306 read with Section 501 and 34 of the Indian Penal Code is misconceived, rather illegal.
Rgd.
Judgment apl1118.22
4
No.410/2021 registered with Gondia Rural Police Station, Gondia for the offence punishable under Sections 306, 511, 323, 504, 506, 507 read with Section 34 of the Indian Penal Code, so far as it relates to the applicants.
JUDGE JUDGE
Rgd.
2 issues framed by the court
Whether a First Information Report regarding an attempt to commit suicide can be quashed when the victim survived.
Whether the IPC provisions for abetment of suicide apply when the suicide did not result in death.
1 provisions across 1 enactments
Shrenik Munot
Mayank Bafna
State of Maharashtra
Kapil Agrawal
Vinay Joshi
M.W.Chandwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
