KISHAN IRBAJI KHANDREversusTHE STATE OF MAHARASHTRA AND ANOTHER

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         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

           934 CRIMINAL APPLICATION NO. 3543 OF 2022

Kishan Irbaji Khandre                             ….Applicant

VERSUS

The State of Maharashtra & another                …..Respondents

Mr. S. V. Mundhe, Advocate for Applicant.
Mr. S. P. Joshi, APP for the State.
Ms. A. D. Patil, Advocate for Respondent No. 2.

                              CORAM : R. M. JOSHI, J.
                              DATE : 25th AUGUST, 2026.
PER COURT :


1.       This application under Section 482 of Code of Criminal

Procedure seeks quashment of First Information Report bearing

Crime No. 284/2022 registered with Akhada Balapur Police Station,

Dist. Hingoli, for the offences punishable under Section 306 r/w 34

of Indian Penal Code and Section 3(2)(va) of Scheduled Castes

Scheduled Tribes (Prevention of Atrocities) Act, consequential charge-

sheet so also framing of charge against the Applicant by the Trial

Court.



2.    In short, it is the case of the prosecution that on 21.07.2022, a

girl from Ashram school committed suicide by hanging herself. There
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were injuries on her wrist.      First informant is the father of the

deceased. He claims that present Applicant is the Head Master of the

school who had brought the deceased to the Government Hospital

behind his back. It is also stated in the First Information Report that

the deceased committed suicide being fed up with the harassment

caused in the Ashram school. On the basis of the said report, Crime

No. 284/2022 came to be registered with Akhada Balapur Police

Station, District Hingoli. Investigation came to be done in the crime

which culminated into filing of charge-sheet before the competent

Court.



3.    Learned   Counsel    for   Applicant   submits   that   the   First

Information Report vaguely makes allegations against the Applicant

that behind the back of the informant, the dead body of the deceased

was brought to the Government Hospital. According to him, being

the Head Master of the Ashram school, when the deceased was found

in injured condition/unnatural death, it was absolutely necessary for

the Applicant to rush her to the hospital first.       It is his further

contention that during the course of investigation, the writings of the

deceased were secured by the Investigating Officer which indicate

that altogether for different reason than the one which could be
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attributed to the present Applicant, the deceased committed suicide.

According to him, the statements of other girl students in the hostel

do not indicate involvement of the Applicant in the crime.          He,

therefore, seeks application to be allowed.



4.    Learned APP and learned Counsel for the informant opposed

the application. It is their contention that in the First Information

Report, there are allegations against the present Applicant which

according to him, are supported by the statement of mother of victim

recorded under Section 164 of Code of Criminal Procedure.          It is

further argued by learned Counsel for the informant that the writings

obtained during the course of investigation are not sent for cross-

examination of the handwriting expert. In short, informant’s counsel

makes a grievance with regard to the investigation being not carried

out effectively in this regard.



5.    In the peculiar facts of the present case, it would be relevant to

take note of the judgment of Hon’ble Supreme Court in case of State

of Haryana and others Vs. Bhajan Lal and others, 1992 SCC (SUPP)

1 335, which gives guidelines for the decision of quashment of
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criminal proceedings.     Relevant observations made therein read

thus :

    “ 102. In the backdrop of the interpretation of the various
    relevant provisions of the Code under Chapter XIV and of
    the principles of law enunciated by this Court in a series of
    decisions relating to the exercise of the extraordinary power
    under Article 226 or the inherent powers under Section 482
    of the Code which we have extracted and reproduced above,
    we give the following categories of cases by way of
    illustration wherein such power could be exercised either to
    prevent abuse of the process of any court or otherwise to
    secure the ends of justice, though it may not be possible to
    lay down any precise, clearly defined and sufficiently
    channelised and inflexible guidelines or rigid formulae and
    to give an exhaustive list of myriad kinds of cases wherein
    such power should be exercised.
    (1) Where the allegations made in the first information report
    or the complaint, even if they are taken at their face value
    and accepted in their entirety do not prima facie constitute
    any offence or make out a case against the accused.
    (2) Where the allegations in the first information report and
    other materials, if any, accompanying the FIR do not
    disclose a cognizable offence, justifying an investigation by
    police officers under Section 156(1) of the Code except under
    an order of a Magistrate within the purview of Section
    155(2) of the Code.
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(3) Where the uncontroverted allegations made in the FIR or
complaint and the evidence collected in support of the same
do not disclose the commission of any offence and make out
a case against the accused.
(4) Where, the allegations in the FIR do not constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate as contemplated under
Section 155(2) of the Code.
(5) Where the allegations made in the FIR or complaint are
so absurd and inherently improbable on the basis of which
no prudent person can ever reach a just conclusion that
there is sufficient ground for proceeding against the
accused.
(6) Where there is an express legal bar engrafted in any of
the provisions of the Code of the concerned Act (under which
a criminal proceeding is instituted) to the institution and
continuance of the proceedings and/or where there is a
specific provision in the Code or the concerned Act, providing
efficacious redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly attended with
mala fide and/or where the proceeding is maliciously
instituted with an ulterior motive for wreaking vengeance on
the accused and with a view to spite him due to private and
personal grudge.”
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6.    Perusal of charge-sheet does not indicate that the present

Applicant has caused any harassment to the deceased in order to

accept his involvement in the crime in question. Even if for the sake

of argument the statement of mother of the victim is accepted, apart

from the fact that it is hearsay, the said statement is not enough to

make out a case of abetment to commit suicide by the deceased. In

any case, there is evidence to show that the deceased could have

committed suicide for altogether different reason as it appears from

the writings left behind by her. The statements of other girl students

do not indicate involvement of the Applicant in the crime. As such,

there is no evidence in order to compel the Applicant to undergo the

rigors of trial. Thus, it is a fit case for allowing the application. In

the result, application stands allowed in terms of prayer clauses ‘B’

and   ‘C1’.     Fees   of   the   appointed   Counsel   is   quantified   at

Rs. 10,000/-.



                                                   ( R. M. JOSHI, J.)

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