Ankita Sangal vs State Of Uttarakhand And Others

Ravindra Maithani, J

Instant writ petition has been filed by the petitioner seeking quashing of an FIR No. 286 of 2020, under Section 306 IPC, Police Station Rishikesh, District Dehradun.

Heard learned counsel for the parties through video conferencing.

According to the FIR, the deceased was married to co-accused Manju Sangal. The petitioner is daughter of the deceased. FIR in the instant case is lodged by the father of the deceased. The deceased was always treated with disrespect by his wife and children including the petitioner. Co-accused Akshat would, in fact, abuse and scuffle with the deceased. They wanted the deceased to sell his property. The deceased recorded some messages before his death in his telephone and committed suicide.

Learned counsel for the petitioner would submit that the petitioner had very cordial relations with the deceased; the petitioner is the married daughter; petitioner had made the deceased nominee in her insurance policies; the deceased had not good relations in his company, therefore, he was forced to take retirement and he was voluntary retired. A few days prior to the suicide, it is the petitioner, who had tied a Rakhi on the deceased, his father. On the aspect of audio clippings recorded by the deceased prior to his death, it is submitted that the deceased has not alleged anything specifically against the petitioner; the deceased was not keeping well, he was treated in hospitals for anxiety related problems by Psychiatrist. In support of his contention, learned counsel for the petitioner has referred to certain documents.

On behalf of the State, it is argued that the deceased was harassed and compelled to commit suicide by the petitioner and other family members. The deceased has recorded a video clipping levelling the allegations.

It is a writ petition under Article 226 of the Constitution of India. Factual aspects are not generally looked into such proceedings. An audio clipping is part of the FIR. The Court has heard it. In one of the clippings, in fact, the deceased is levelling allegations against co-accused, his son and the petitioner. What he says, in these clippings is that "girls makes the house and the petitioner is breaking the house" and levels allegations against him. There are various things said in the record, which need not be elaborated in detail. It is allegedly an audio clipping of the deceased, this Court cannot say that yes, it was the clipping of the deceased. It would be subject to scrutiny during investigation or at the trial, as the case may be.

This matter is subject to investigation, whether instigation was done or not, there are various aspects, which would be looked into during investigation. In the case of Amit Kapoor Vs. Ramesh Chander, (2012) 9 SCC 460, the Hon'ble Supreme Court, in one of such cases observed that "there could be cases, where the circumstances created by the accused are such that a person feels totally frustrated and finds it difficult to continue existence."

The FIR discloses commission of offence. An audio clipping is part of the FIR. The audio supports the version of FIR. As stated, the credibility would be subject to scrutiny in investigation.

Having considered, all the aspects of the matter, this Court is of the view that there is no reason to make any interference and the writ petition deserves to be dismissed.

The instant writ petition is dismissed.