JUDGMENT S.S. Shinde, J. 1. Heard. 2. Rule. Rule made returnable forthwith with the consent of the counsel for the parties. 3. By way of filing this Application under Section 482 of Criminal Procedure Code, the applicant seeks quashment of criminal proceeding Criminal Case registered as R.C.C. No. 551 of 2013 and now pending on the file of Chief Judicial Magistrate, Beed, District Beed. 4. The prosecution story as it emerges from the material placed on record against the applicant is as under:- One Mr. Vidyanand Murlidhar Kale, working as Police Inspector, Beed City Police Station, Beed filed a complaint on 10th August, 2013. It is stated in the said complaint that, he is working with the City Police Station, Beed, since 1st December, 2011. On 13th March, 2013, in Beed City Police Station, Beed, one application signed by complainant namely Datta Vithalrao Shelke, Resident of Govindnagar, Beed, dated 15th February, 2013 was received from the office of the Superintendent of Police, Beed. The said application was registered in Inward Register of the Police Station on 13th March, 2013, and Mr. Anant Shankarrao Londhe working as Police Constable in the said Police Station, was entrusted inquiry of the said application. 5. In the said application, it was complained that, one person namely Vijaykumar Bharat Gurkhude i.e. applicant herein, residing near Beed Rural Police Station, Bundelpura, Beed had given hand loan of Rs. 10,000/- to the Datta Vithalrao Shelke (deceased). The said hand loan was returned by him to Shri Vijaykumar Bharat Gurkhude with interest. According to the contents of the complaint, total amount of Rs. 30,000/- was paid to present applicant, still, the applicant made further demand of Rs. 20,000/- from Datta Vithalrao Shelke. When Datta Vithalrao Shelke refused to give said amount, Vijaykumar Bharat Gurkhude threatened Datta Vithalrao Shelke that, he will kill him if Rs. 20,000/- are not given. The said Datta Shelke in his application further stated that, he is a rickshaw puller and some how able to maintain his family. Because of the threat given by applicant herein, he has left with no alternative except to commit suicide. It was prayed in the application that, enquiry be made into allegations and he should be given protection. Thereafter, PH/240 i.e. Anant Shankar Londhe took search of the complainant Datta Vithalrao Shelke in Govindnagar area, Beed, however, he was not traced out. Because of the threat given by applicant herein, he has left with no alternative except to commit suicide. It was prayed in the application that, enquiry be made into allegations and he should be given protection. Thereafter, PH/240 i.e. Anant Shankar Londhe took search of the complainant Datta Vithalrao Shelke in Govindnagar area, Beed, however, he was not traced out. Police Head Constable Londhe callecd Vijaykumar Bharat Gurkhude, resident of Bundelpura, Beed in the Police Station before Shri Vidyanand Murlidhar Kale, P.I., for inquiry. Accordingly, inquiry was made with Shri Vijaykumar Bharat Gurkhude. He gave evasive reply. He told that, he is rickshaw puller and he never met Shri Datta Vithalrao Shelke. On transfer of P.I. Anant Shankarrao Londhe from Beed Police Station to Dindrud Police Station, he was relieved from duty on 25th June, 2013. The investigation papers were handed over to Shri Charansing Parsi Walvi – Police Head Constable B. No. 1137 for further enquiry. Accordingly, Police Head Constable B. No. 1137 Walvi caused enquiry, by visiting the various Police Station. On enquiry with Police Station Shivajinagar, it came to his knowledge that the complainant Datta Vithalrao Shelke hanged himself in his house located in Govindnagar and committed suicide, on 19th February, 2013 and on account to that A.D. was registered with the Police Station Shivajinagar on 7/2/2013 under Section 174 of Criminal Procedure Code. The said papers were submitted to the Tahsil office for sanction on 9th March, 2013. The Police Constable Charansing Parsi got the Photostat copies of those papers from the Tahsil office, Beed. Upon reading these papers, it transpired that, the statements of four persons namely Vithal Asaraji Shelke, Rukmin Vithal Shelke, Swati Dattatraya Shelke and Santosh Shrimant Khandagale were recorded during the inquiry. Upon reading their statements, it is revealed that, Datta Vithalrao Shelke was in trouble and he told them that, he has to return loan. 6. Upon reading these papers, it transpired that, the statements of four persons namely Vithal Asaraji Shelke, Rukmin Vithal Shelke, Swati Dattatraya Shelke and Santosh Shrimant Khandagale were recorded during the inquiry. Upon reading their statements, it is revealed that, Datta Vithalrao Shelke was in trouble and he told them that, he has to return loan. 6. It is further case of the complainant Vidyanand Murlidhar Kale that, upon perusal of the contents of the application of Shri Datta Vithalrao Shelke, the statements of four witnesses recorded in A.D. No. 7 of 2013, it transpired that, due to repeated demand of amount of interest on loan by Vijaykumar Bharat Gurkhude, resident of Bundelpura, Beed to Shri Datta Vithalrao Shelke and also because of threat given that if the amount is not returned, he will kill Shri Datta Vithalrao Shelke, Datta committed suicide by hanging himself in his house and accused Vijaykumar Bharat Gurkhude, resident of Bundelpura, Beed, is responsible for commission of suicidal death by Shri Datta Vithalrao Shelke and therefore, complaint is lodged under Section 306 of IP Code and Section 32 (B) (C), 33 & 34 of Money Lending Act, vide C.R. No. 97 of 2013. On completion of investigation charge sheet came to be filed in the Court against the applicant. 7. We have heard learned Counsel appearing for the applicant and learned Additional Public Prosecutor for the State. We have perused the First Information Report, charge sheet and accompaniment of the charge sheet. Upon perusal of the memorandum of post mortem examination conducted at District Hospital, Beed, the cause of death of deceased is mentioned as asphyxia due to hanging. We have carefully perused the statement of the family members of the deceased and in particular his wife Swati. Upon perusal of the statements of the family members of the deceased, none of the family members stated that, the deceased told the name of applicant herein as well as the loan was borrowed from the applicant. Upon reading the statements of all family members of the deceased, it appears that, the deceased told them, he is under mental pressure since he has to return loan amount. It has come in the statement of Smt. Swati that, she did ask the name of the person from whom loan is borrowed by the deceased. However, deceased did not disclose name of any person. It has come in the statement of Smt. Swati that, she did ask the name of the person from whom loan is borrowed by the deceased. However, deceased did not disclose name of any person. In fact, the statement of four family members of the deceased were recorded in A.D. No. 7 of 2013. 8. It appears from evidence on record that, Shri Datta Vithalrao Shelke committed suicide by hanging himself in his house on 19th February, 2013. According to the Investigation Officer, application was received on 13th March, 2013, signed by the deceased and offence is registered on 10th August, 2013. Delay in registering the FIR raises serious doubt about the genuineness of the allegations in the application received which was allegedly signed by the deceased. It is not the case of the prosecution that, during the course of investigation, said application was sent to handwriting expert so as to find out whether the said application is written and signed by the deceased. Upon careful perusal of the material placed on record, it appears that, said application was never sent for handwriting expert so as to find out whether the said application was really written and signed by the deceased. 9. It has come on record that, the applicant was called for investigation by the concerned Police Officer. In his statement, he stated that, he does not know Shri Vidyanand Murlidhar Kale and he never advanced loan to him. There is no material placed on record, which would indicate that, some loan was advanced by the applicant to the deceased. In absence of any material to that effect on record, it would be difficult to believe the prosecution case that, the loan was advanced by the applicant to deceased and there was persistent demand of the interest on said amount and as a result, under mental stress the deceased committed suicide. Therefore, the entire prosecution case is full of suspicion and is a case of no evidence. Therefore, trial on the basis of such material would be exercise in futility and wastage of valuable time of the Court. It is settled position in law that when the Court comes to the conclusion that, there is absolutely no material on record to try the applicant, in that case, further proceeding deserves to be quashed since no fruitful purpose would be served by continuation of such proceedings. 10. It is settled position in law that when the Court comes to the conclusion that, there is absolutely no material on record to try the applicant, in that case, further proceeding deserves to be quashed since no fruitful purpose would be served by continuation of such proceedings. 10. The provisions of Section 107 and 306 of the Indian Penal Code reads thus:- “107. Abetment of a thing – A person abets the doing of a thing, who –– First – Instigates any person to do that thing. Secondly – Engages with one or more other persons or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing. Thirdly – Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1 – A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.” Section 306 of the Indian Penal Code reads thus:- “306. Abetment of suicide – If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” 11. Upon careful reading of the provisions of Section 107, in the light of the material collected by the prosecution, in our view there is absolutely no material on record to suggest that, the applicant in any manner instigated the deceased or he was involved in any conspiracy or intentionally aided by any act or illegal omission in abetting the deceased to commit suicide. As per the provisions of Section 306, if any person commits suicide, whoever abets commission of such suicide, in that case only, the provisions of Section 306 of IP Code are attracted. In the light of the material placed on record, as already observed, none of the family members of the deceased stated that, the deceased told them the name of the applicant or any overact was attributed to him. On the contrary, Smt. Swati, wife of the deceased, in her statement told that, they have no complaint against any person. 12. In the light of the material placed on record, as already observed, none of the family members of the deceased stated that, the deceased told them the name of the applicant or any overact was attributed to him. On the contrary, Smt. Swati, wife of the deceased, in her statement told that, they have no complaint against any person. 12. The Hon'ble Supreme Court in case of Randhir Singh vs. State of Punjab, (2004) 13 SCC 129 has reiterated the legal position as regards Section 306, Indian Penal Code in para 12 and 13. Para 12 and 13 the Hon'ble Court has observed as under: “12. Abetment involves a mental process of instigation a person or intentionally aiding that person in doing of a thing. In cases of conspiracy also it would involve that mental process of entering into conspiracy for the doing of that thing. More active role which can be described as instigating or aiding the doing of a thing is required before a person can be said to be abetting the commission of offence under section 306, Indian Penal Code. 13. In State of W.B. vs. Orilal Jaiswal this Court has observed that the Courts should be extremely careful in assessing the facts and circumstances of each case and the evidence adduced in the trial for the purpose of finding whether the cruelty meted out to the victim had in fact induced her to end the life by committing suicide. If it transpires to the Court that a victim committing suicide was hypersensitive or ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belongs and such petulance, discord and differences were not expected to induce a similarly circumstances individual in a given society to commit suicide, the conscience of the Court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty.” 13. The Hon'ble Supreme Court in case of Amalendu Pal @ Jhantu vs. State of West Bengal, reported in AIR 2010 SC 512 , after considering various earlier judgments on this issue, observed in para 15 & 16 as under: “15. The Hon'ble Supreme Court in case of Amalendu Pal @ Jhantu vs. State of West Bengal, reported in AIR 2010 SC 512 , after considering various earlier judgments on this issue, observed in para 15 & 16 as under: “15. Thus, this Court has consistently taken the view that before holding an accused guilty of an offence under section 306, Indian Penal Code, the Court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether the cruelty and harassment meted out to the victim had left the victim with no other alternative but to put an end to her life. It is also to be borne in mind that in cases of alleged abetment of suicide there must be proof of direct or indirect acts of incitement to the commission of suicide. Merely on the allegation of harassment without their being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of section 306, Indian Penal Code is not sustainable.” 16. In order to bring a case within the purview of section 306 of Indian Penal Code there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide. Therefore, the act of abetment by the person charged with the said offence must be proved and established by the prosecution before he could be convicted under section 306, Indian Penal Code.” 14. Upon perusal of the judgments of the Hon'ble Supreme Court referred above, it is required to be borne in mind that in cases of alleged abetment of suicide, there must be proof of direct or indirect acts incitement to commission of suicide. Merely on the allegations of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of section 306 of I.P. Code is not sustainable. Merely on the allegations of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of section 306 of I.P. Code is not sustainable. Therefore, what is required is that, unless there is any positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide conviction under section 306 is not sustainable. 15. In the light of discussion in foregoing paragraphs, we are of the opinion that, further proceeding in R.C.C. No. 551 of 2013, registered at City Police Station, Beed, deserves to be quashed, as continuation of such proceeding will be futile exercise. Accordingly, we quash and set aside the further proceeding in R.C.C. No. 551 of 2013, based upon C.R. No. 97 of 2013, registered at City Police Station, Beed, District Beed, against the applicant. 16. Rule made absolute on above terms. 17. Criminal Application stands disposed of accordingly.