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2013 DIGILAW 1441 (RAJ)

Moola Ram v. State of Rajasthan

2013-08-21

KANWALJIT SINGH AHLUWALIA

body2013
JUDGMENT 1. - In the present petition, it is prayed that Criminal Case No.17/2012 pending against the petitioner in the court of Additional Session Judge (Fast Track), No. I Jodhpur Metro arising out of charge sheet No.87/2011 for the offences under sections 420, 406, 306 & 120-B Indian Penal Code, be quashed. 2. The counsel for the petitioners has submitted that the impugned FIR No.99/ 2011 was registered at Police Station, Luni District Jodhpur and after investigation, the investigating agency had submitted charge sheet against the petitioners for the offences under sections 406, 306 and 120B Indian Penal Code. 3. The counsel for the petitioners has submitted that it is alleged in the FIR that one Jetha Ram, had agreed to sell four bigha of land to the petitioners No.4 and had accepted Rs. 5,000/- as earnest money from the petitioner No.1. Thereafter, a sale deed was executed in favour of Smt.Narayani Devi (petitioner No.4). Jetha Ram harboured a grievance that he had been paid less amount then the agreed, therefore, had committed suicide. 4. The counsel for the petitioners states that it is stated in the FIR that the petitioner had only offered Rs. 2,35,000/- as sale consideration whereas as per the agreement to sell, Jetha Ram had sold the land at the rate of Rs. 1,60,000/- per bigha. The sale deed registered depicts sale consideration of land per bigha as Rs. 60,000/-. Thus, it is alleged that less amount had been paid to Jetha Ram. The counsel for the petitioners submits that even if it is assumed that the entire amount as per the agreement was not paid and the sale deed was executed by the deceased having accepted less amount, it will not constitute the offence of suicide falling under section 306 Indian Penal Code. 5. I have heard the counsel for the parties, non-fulfilment of the contractual obligations and non adherence to financial dealings will not amount to abatement as defined under section 107 Indian Penal Code. The petitioners had neither provoked nor incited nor urged nor goaded the deceased to commit suicide. Furthermore, after execution of the sale deed, it was too late in the day for Jetha Ram to say that he has been cheated as the sale deed has been voluntarily executed before the Sub-Registrar. The petitioners had neither provoked nor incited nor urged nor goaded the deceased to commit suicide. Furthermore, after execution of the sale deed, it was too late in the day for Jetha Ram to say that he has been cheated as the sale deed has been voluntarily executed before the Sub-Registrar. Taking the above submissions into consideration, this court has no hesitation to hold that the impugned FIR and the charge sheet arising out therefrom is an abuse of process of law.Consequently, the present petition is accepted and the impugned FIR along with all subsequent proceedings is quashed. *******