Judgment M.R. Shah, J.—Shri Parth Tolia, learned Advocate appearing on behalf of the applicants seeks permission to withdraw the present application qua Applicants Nos. 1, 2, 4 and 5 unconditionally. Permission is accordingly granted. The application is dismissed as withdrawn qua Applicants Nos. 1, 2, 4 and 5. In view of the above, this Court is required to consider the case on behalf of Applicants No. 3-original accused No. 1-Shri Dharmesh Ranchhodbhai Paresha and to consider the Complaint qua him. 2. Rule. Shri L.B. Dabhi, learned APP waives service of notice of rule on behalf of Respondent No. 1-State and Shri Adil Mirza, learned Advocate waives service of notice of rule on behalf of Respondent No. 2-original complainant. 3. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present application is taken up for final hearing today. 4. The present application has been preferred by Applicants No. 3-original accused No. 1- to quash and set aside the impugned Complaint/FIR, being CR I 139/2010, lodged with the Valsad City Police Station for the offence punishable under Section 306 and 114 of the Indian Penal Code. 5. Shri Tolia, learned Advocate appearing on behalf of Applicants No. 3-original accused No. 1-Shri Dharmesh Ranchhodbhai Paresha has vehemently submitted that as such no offence has been committed by Applicants No. 3 as alleged for the offence punishable under Section 306 and 114 of the Indian Penal Code. It is submitted that in fact in the suicide note by the deceased she has categorically and specifically given a clean chit to Applicants No. 3 and has not made any allegation against Applicants No. 3. It is submitted that in the suicide note it is specifically stated by the deceased that Applicants No. 3 is innocent and, therefore, it is requested to quash and set aside the impugned Complaint so far as Applicants No. 3-original accused No. 1- Shri Dharmesh Ranchhodbhai Paresha is concerned and further consequential action if any. 6. It is submitted that in the suicide note it is specifically stated by the deceased that Applicants No. 3 is innocent and, therefore, it is requested to quash and set aside the impugned Complaint so far as Applicants No. 3-original accused No. 1- Shri Dharmesh Ranchhodbhai Paresha is concerned and further consequential action if any. 6. It is submitted that in view of the averments in the suicide note, to continue the proceedings against Applicants No. 3-original accused No. 1- Shri Dharmesh Ranchhodbhai Paresha shall be unnecessary harassment to him and it will be abuse of process of law and, therefore, it is requested to quash and set aside the Complaint qua Applicants No. 3-original accused No. 1-Shri Dharmesh Ranchhodbhai Paresha.. 7. Shri L.B. Dabhi, learned APP has produced on record the xerox copy of the suicide note signed by the deceased-Sangeetaben. Shri Dabhi, learned APP as well as Shri Adil Mirza, learned Advocate appearing on behalf of Respondent No. 2-original complainant are not in a position to dispute that in the suicide note the deceased herself has given clean chit to Applicants No. 3-original accused No. 1-Shri Dharmesh Ranchhodbhai Paresha and has specifically stated that he is innocent. However, Shri Adil Mirza, learned Advocate appearing on behalf of Respondent No. 2-original complainant has submitted that if this Court is inclined to quash and set aside the impugned Complaint qua Applicants No. 3, in that case, suitable observations be made that the learned trial Court to proceed further with the trial and pass an appropriate order in accordance with law on its own merits, without, in any way, being influenced by the present order of quashing and setting aside the impugned Complaint qua Applicants No. 3-original accused No. 1-Shri Dharmesh Ranchhodbhai Paresha . He has further submitted that as such there are necessary averments and/or allegations against Applicants No. 3-original accused No. 1 in the FIR. 8. Heard the learned advocates appearing on behalf of the respective parties at length and considering the police papers as well as the suicide note signed by the deceased-Sangeetaben, from the suicide note it is very much clear that even the deceased herself has given clean chit to Applicants No. 3-original accused No. 1-Shri Dharmesh Ranchhodbhai Paresha and has specifically stated/mentioned in the said suicide note that Applicants No. 3-original accused No. 1-Shri Dharmesh Ranchhodbhai Paresha is innocent. In view of the above, it cannot be said that Applicants No. 3-original accused No. 1-Shri Dharmesh Ranchhodbhai Paresha has committed an offence as alleged under Section 306 read with 114 of the Indian Penal Code. Though there may be averments and allegation against Applicants No. 3-Shri Dharmesh Ranchhodbhai Paresha, however, in light of the suicide note and the averments made in the suicide note, the allegations made in the FIR is insignificant and/or the allegations made in the FIR are required to be tested and/or considered alongwith the suicide note, which is signed by the deceased herself. 9. In view of the above specific averments made in the suicide note that Applicants No. 3-original accused No. 1-Shri Dharmesh Ranchhodbhai Paresha is innocent, to continue with the criminal proceedings against Applicants No. 3-original accused No. 1- Shri Dharmesh Ranchhodbhai Paresha for the offence punishable under Section 306 read with Section 114 of the Indian Penal Code would be abuse of process of law and it will be unnecessary harassment to him and, therefore, this is a fit case to exercise the powers under Section 482 of the Code of Criminal Procedure by quashing and setting aside the impugned Complaint qua Applicants No. 3-original accused No. 1-Shri Dharmesh Ranchhodbhai Paresha. 10. In view of the above and for the reasons stated hereinabove, the present application succeeds qua Applicants No. 3-original accused No. 1-Shri Dharmesh Ranchhodbhai Paresha only. As stated hereinabove, the present application qua other Applicants Nos. 1, 2, 4 and 5 is already dismissed as withdrawn unconditionally. The impugned complaint/FIR being CR I – 139/2010 registered with the Valsad City Police Station, District Valsad is hereby quashed and set aside qua Applicants No. 3-original accused No. 1- Shri Dharmesh Ranchhodbhai Paresha only. However, the same shall not affect the case against other accused persons and the learned trial Court to proceed with the trial in accordance with law on its own merits, without, in any way, being influenced by the present order of quashing and setting aside the Complaint qua Applicants No. 3-original accused No. 1-Shri Dharmesh Ranchhodbhai Paresha. 11. With this, the present application is partly allowed. Rule is made absolute accordingly. P P P P P