High Court Bench, Dharwad Dated the 12th Day of December 2022
FIR registered by Hadagali Police Station in Crime No.24/2022 under Section 306 IPC is quashed insofar as it relates to petitioners accused Nos. 2 and 7.
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CRL.P No. 102005 of 2022 C/W CRL.P No. 101041 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 102005 OF 2022 (482) C/W CRIMINAL PETITION NO. 101041 OF 2022
IN CRL.P. NO.102005/2022:
BETWEEN:
NASEER BASHA S/O H.NOOR AHAMED AGED ABOUT 58 YEARS, CHIEF OFFICER, MUNCIPAL OFFICE AT HADAGALI, R/O.AT 5850, GOPALPURA ROAD, RAMDAS COMPOUND, CHITRADURGA-577501
…PETITIONER
(BY SRI. R SHASHIDHARA & SRI.M.J.MATHAPATI, ADVS.)
AND:
…RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE FIR AND ENTIRE PROCEEDINGS IN CRIME
CRL.P No. 102005 of 2022 C/W CRL.P No. 101041 of 2022
NO.24/2022 REGISTERED BY THE HADAGALI POLICE FOR THE OFFENCE PUNISHABLE U/S 306 OF THE IPC, PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, HUVINAHADAGALI.
IN CRL.P.NO.101041/2022:
BETWEEN:
SARPABHUSHAN S/O. AYYAJJA AGE. 43 YEARS, OCC. SURVEYOR, SURVEY DEPARTMENT, TALUKA OFFICE HUVINAHADAGALI, R/O. NELAKUDRI VILLAGE, TQ. H. B. HALLI, DIST. VIJAYANAGARA-583212
…PETITIONER
(BY SRI. GOPALKRISHNA KOLLI & SRI.PRAKASH R. BADIGER, ADVS.)
AND:
…RESPONDENTS (BY SRI. V.S.KALASURMATH, HCGP FOR R1, R2 SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR REGISTERED AGAINST THE PETITIONER/ACCUSED NO.7 REGISTERED IN HADAGALI POLICE STATION, CRIME NO.0024/2022 FOR THE OFFENCE PUNISHABLE U/S 306 OF IPC, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, HUVINAHADAGALI.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CRL.P No. 102005 of 2022 C/W CRL.P No. 101041 of 2022
ORDER
The FIR was registered for the offence punishable under Section 306 of IPC alleging that the petitioners – accused Nos.2 and 7, who is the Chief Officer and Surveyor on 04.01.2022 abused the husband of the informant stating that the land which he claims does not belong to him and asked him to go and die. It is further alleged, the husband of the informant who was in a disturbed state of mind, due to the said harassment, committed suicide. Taking exception to the registration of the FIR, accused Nos.2 and 7 are before this Court.
CRL.P No. 102005 of 2022 C/W CRL.P No. 101041 of 2022
Court in the case of Sanju vs. State of M.P. supra, the continuation of the investigation against the accused Nos.2 and 7 will be an abuse
of process of law. Accordingly, I pass the following:
ORDER
Criminal Petition is allowed.
The impugned FIR in Crime No.24/2022 registered by the Hadagali Police Station insofar it relates to the petitioners-accused Nos.2 and 7 is hereby quashed.
SD/JUDGE
RSH
LIST NO.: 1 SL NO.: 4
2 issues framed by the court
Whether the FIR against petitioners accused Nos. 2 and 7 for abetment of suicide should be quashed.
Whether mere utterances of "go and die" amount to the commission of offence punishable under Section 306 IPC.
Colour shows how this judgement treated each authority
Sanju vs. State of M.P.Relied on¶38
Sanju vs. State of M.P. (2002) 5 SCC 371 · Who else cites this
2 provisions across 2 enactments
Naseer Basha & Sarpabhusan
The State of Karnataka
Smt. Nandihalli Saraswati
Hemant Chandangoудар
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
