Mumbai: An FIR cannot be quashed just because it does not mention reasons why the victim committed suicide, held the Aurangabad bench of Bombay High Court recently. The high court said an FIR cannot be an encyclopaedia as it is usually filed by the complainant in a disturbed state of mind.
A bench of Justices Ravindra Ghuge and Bhalchandra Debadwar, accordingly refused to grant any relief to a woman, whose husband committed suicide within four months of their marriage.
The woman, who sought to quash the FIR lodged against her for abetting suicide of her second husband, argued that the FIR didn't mention any specific act on her part that could be construed as incriminating against her.
On the other hand, the prosecution relied upon two suicide notes, written by the deceased, one kept in his bedroom and one in his pocket, which stated that he committed suicide as he was fed up with his wife for constantly picking up some or the other quarrel with him.
The woman claimed that the contention of picking up quarrels wasn't mentioned in the FIR and thus the case against her wasn't strong enough, and hence the FIR needs to be quashed.
"An FIR is not an encyclopaedia, which must disclose all the facts and details relating to the offence alleged to have been committed. It requires no debate that an FIR is merely a report by the informant about the commission of a cognizable offence and it cannot be ruled out that minute details may not be mentioned," the judges observed.
"It cannot be ignored that an FIR pertains to an offence, which is alleged to have been committed and the informant, in a disturbed state of mind and shaken on account of a serious offence committed, approaches a police station for recording an FIR," the bench said.
The judges further trashed the contention that the picking quarrels fact wasn't mentioned in the FIR.
"Merely for the reason that details of quarrels alleged to have been raised by Patil with her husband, have not been given in the FIR, an inference cannot be drawn that the alleged quarrels had no nexus with his suicide," the bench said adding that this allegation is supported by two suicide notes.
"There is nothing on record showing that the husband was suffering from any mental disease or chronic ailment. When he was mentally and physically fit, he had no reason to
commit suicide, unless harassment meted out by the wife, was of such nature and extent, which would compel him to commit suicide," the bench said while dismissing her plea.