SLP in SC challenges Bombay HC order quashing FIR against recovery agent
Apr 07, 2021
New Delhi [India], April 8 : The widow of a man who died by suicide has filed a Special Leave Petition (SLP) before the Supreme Court challenging an order of the Bombay High Court, which quashed an FIR against a recovery agent for the offence of abetment of suicide.
The petitioner, Jamuna Pramod Chavan, widow of the deceased- Pramod Chavan, had stated that her husband had taken a loan from one Rohit Nalawade, and due to harassment he faced on non-repayment of the money, he committed suicide.
The SLP was filed by lawyer, Vishal Tiwari and Advocate on Record (AOR) Abhigya Kushwaha, for the petitioner, Jamuna before the Supreme Court.
The Bombay High Court had in its December 2020 order quashed the FIR against the recovery agent for abetment of suicide and it was challenged by the deceased's wife before the Supreme Court.
"In this present case, the deceased (Pramod Chavan) who was already under financial turmoil, due to situational misfortune was persistently harassed by the respondent with verbal threat and abuse," which forced him to commit suicide, Tiwari said in his petition filed for Jamuna.
The pleas stated that the present SLP was filed by the wife of the deceased, Jamuna Pramod Chavan, wife of deceased, Pramod Chavan, who was compelled and mentally harassed by the recovery agent by going out of law and rule which led to the commission of suicide.
The wife of the deceased was not the party before the Bombay High Court and hence deprived of the "Right to be Heard". The wife is also the aggrieved party that has got the Right to be Heard, the petitioner said.
Rohit Nalawade is the respondent and accused and recovery agent in the case.
The recovery agent/ accused went out of rule and law and started harassing the deceased mentally and illegally up to the extent that he committed suicide, the petition said.
Although the financial condition of the deceased was not healthy, yet the deceased through his hard work paid a partial amount to the agent and assured that he will systematically pay the finance company, the petition said.
The respondent who was working as an employee of the financial company didn't heed the request of the deceased and persistently harassed the deceased through mental cruelty, the petition said.
