Gujarat High Court
Parmar Parbatsinh Dhulsinh vs State Of Gujarat on 14 February, 2025
NEUTRAL CITATION
R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025
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Reserved On : 05/02/2025
Pronounced On : 14/02/2025
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 14256 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
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Approved for Reporting Yes No
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PARMAR PARBATSINH DHULSINH & ORS.
Versus
STATE OF GUJARAT
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Appearance:
MR MANISH S SHAH(5859) for the Applicant(s) No. 1,2,3,4
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
O I PATHAN(7684) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
CAV JUDGMENT
1. Rule returnable forthwith. Learned APP Mr. Soaham Joshi and learned advocate Mr. O. I. Pathan waive service of notice of rule for respondent No.1 - State and respondent No.2 - original complainant, respectively.
2. By way of preferring present application, applicants seek to invoke inherent jurisdiction of Page 1 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined this Court under Section 482 of the Code of Criminal Procedure, 1973, for quashing and setting aside the FIR being C.R.No.I-66 of 2015 registered with Modasa Rural Police Station against the applicants for the offence punishable under Sections 306 and 114 of the Indian Penal Code qua the applicants.
3. The brief facts can be summarized as under:
3.1. The respondent No.2 herein - complainant has lodged FIR against the applicants herein, inter alia, alleging that deceased husband of the complainant was working as a Secretary in Vadvasa Doodh Mandali. He was taking care of the accounts of that Mandali. It is alleged that on 28.06.2015, general meeting of Doodh Mandali was held and after that the husband of the complainant was depressed and she had never seen her husband like that before. Before about two days, when complainant asked her husband about the reason of depression, he told her that the applicants herein are repeatedly telling the deceased to pay up the dues of members of the society as well as to give details of accounts of the dairy, to which, he told to the applicants that within some time he will make payment to all the members of the society as well as give accounts to the applicants but the applicants herein are not believing him and repeatedly asking him for clarification of the accounts and therefore deceased told his wife that he will commit suicide.Page 2 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025
NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined 3.2. That on 03.07.2015, at around 4:00 a.m. in the early morning, the husband of the complainant had gone to the office of the Mandli and complainant had gone to her agricultural field. At around 9:00 a.m., the chairman of the Mandli viz. Jashvantsinh Roopsinh Makwana made a phone call and told her that he reached to the office of Mandali but the office is closed and therefore send the husband of the complainant to the office. The complainant told that the husband of the complainant is not present in the field and he might be available at home. The said Jashvantsinh told her that Bhathaji - husband of the complainant is also not available at home. At that time, complainant came to know that the husband of the complainant has committed suicide by hanging himself. Therefore, the complainant rushed to the office of Mandali where all the applicants were found available. It is also the case of the complainant that one suicide note was also found near the deadbody of her husband wherein the husband of the complainant has specifically stated that he is committing suicide on account of the constant and incessant harassment meted out to him by the persons named in the suicide note. It is alleged that the applicants have thus committed the offence punishable under Section 306 read with Section 114 of the IPC. Hence, the FIR came to be lodged against the applicants.
4. Heard learned advocate Mr. Manish Shah for the Page 3 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined applicants, learned APP Mr. Soaham Joshi for respondent No.1 - State and learned advocate Mr. O. I. Pathan for respondent No.2 - original complainant.
5. Learned advocate Mr. Shah for the applicants has submitted that respondent No.2 - original complaint is the wife of the deceased. The deceased was working as a Secretary of Vadvasa Doodh Mandali and he was taking care of the accounts of the said Mandali. He further submits that the applicants are the office bearers of the said Mandali and they came to know misappropriation of money by the deceased and therefore they asked the deceased to settle the accounts and give explanation in that regard. He further submits that if this Court would make cursory glance upon the body of the FIR, in that event, it would be found out that the FIR itself does not reveal that the applicants were, soon before the commission of suicide by accused, instrumental in any way either directly or indirectly in commission of suicide. He further submits that there is no allegation of direct or indirect acts of incitement by the applicants for commission of suicide by the accused at any point of time. He further submits that without admitting and for the sake of arguments, the allegations and accusations levelled against the applicants are accepted in its entirety, even though the incident narrated by the complainant is of 01.07.2015 and deceased committed suicide on Page 4 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined 03.07.2015 and therefore the action of asking for clarification of outstanding amount by the applicants has no proximate with the time of occurrence and therefore also, the ingredients of Section 306 do not satisfy. Thus, no case is made out against the applicants for commission of offence under Section 306 IPC.
6. Learned advocate Mr. Shah has submitted that it is stated in the complaint that deceased being a secretary and managing the accounts of the society was under tremendous pressure as some financial irregularities were found in the accounts of the society. The said fact is also found out from the complaint itself as well as other materials collected by the investigating officer during the course of investigation. The applicants being the members of the society have sought explanation regarding the accounts of the society due to which the deceased remained under tremendous pressure as per the case of the complainant. Learned advocate Mr. Shah has further submitted that the so-called incident is occurred on 03.07.2015 and on the very same day the complaint has been filed by the complainant against the applicants and immediately after registration of the FIR the applicants have approached before this Court and on 31.07.2015, considering the averments made in the memo of the application as well as allegations and accusations levelled against the Page 5 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined applicants in the body of the FIR and settled proposition of law, the Coordinate Bench of this Court granted protection to the applicants. The said relief is extended from time to time. Learned advocate Mr. Shah, therefore, submitted that the investigation is stayed and charge-sheet has not been filed against the applicants.
7. Learned advocate Mr. Shah has further submitted that if this Hon'ble Court would make cursory glance upon the body of the FIR, in that event, it would be found out that applicants - accused have neither abetted, instigated and/or aided in any form, which ultimately drive the deceased to commit suicide by leaving him with no other option than to take the said extreme step. It is the settled proposition of law that abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. From bare perusal of the impugned FIR, it is found out that the same is registered with mala fide intention and oblique motive to harass and pressurize the applicants and the said FIR is nothing but sheer abuse of process of law and therefore the same is required to be quashed in the interest of justice. He has further submitted that there is no history of past antecedents against the applicanst accused. He further submitted that registration of the FIR against the applicants accused is nothing but sheer abuse of process of the Page 6 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined law and therefore the impugned FIR is required to be quashed and set aside.
8. Learned advocate Mr. Shah has put reliance upon the decision of the Hon'ble Apex Court in the case of Amalendu Pal @ Jhantu v. State of West Bengal, reported in (2010) 1 SCC 707 and submitted that in case of alleged abetment of suicide there must be proof of direct or indirect acts of incitement. However, in the present case, from the materials available on record, it cannot be said that the applicants have by their acts instigated or provoked the deceased to commit suicide and the applicants have done any act which could be said to have facilitated commission of suicide by the deceased.
9. Having relied upon the aforesaid decisions, learned advocate Mr. Shah has submitted that without admitting and for the sake of arguments, if the allegations levelled against the applicants are to be accepted in its entirety, even though the said act of the applicants would not fall under the act of abetment and/or instigation to the deceased to commit suicide and therefore it can safely be said that the offences alleged in the FIR are not made out against the applicants. He, therefore, urged that the FIR impugned may be quashed.
10. The present application is objected by learned Page 7 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined advocate Mr. O. I. Pathan for respondent No.2 - original complainant with vehemence and submitted that the so-called incident is occurred on 03.07.2015 and on the very same day the FIR is filed by the complainant against the applicants - accused. It is the specific case of the complainant that husband of the complainant has committed suicide due to constant and incessant harassment being meted out to the deceased by the applicants. Learned advocate Mr. Pathan has further submitted that immediately after the registration of the FIR, the applicants had approached before this Court and they are protected by this Court. However, during the course of investigation, investigating officer has recorded statement of number of witnesses. He has further submitted that if this Hon'ble Court would make cursory glance upon the contents of the FIR in question, in that event, it would be found out that basic, essential and requisite ingredients to constitute the charge under Section 306 IPC are clearly spelt out against the applicants. He further submits that during the pendency of the present proceedings, the matter is amicably settled between the parties and respondent No.2 has also filed an affidavit to that effect wherein she has specifically stated that the dispute is amicably settled between the parties and therefore she has no objection if the FIR is quashed against the applicants. He, therefore, submits that appropriate order may be passed.
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11. Learned APP Mr. Soaham Joshi appearing for the respondent - State has objected present application with vehemence and submitted that in fact present application is vehemently opposed by learned advocate for the respondent No.2 - original complainant by raising many contentions and therefore he need not have to repeat the said arguments and he is adopting the arguments canvassed by learned advocate for the respondent no.2 - original complainant. However, learned APP has fairly submitted that immediately after the registration of the FIR, applicants have approached this Court and at that relevant point of time, the applicants have been protected by this Court. However, investigating officer has recorded statements of number of witnesses and if the Court would make cursory glance upon the contents of the statement of those witnesses, in that event, it would be found out that all the witnesses have stated that some financial irregularities were found out in the account of the society. Therefore, deceased had gone under tremendous pressure and ultimately committed suicide. Thus, prima facie, the requisite and essential ingredients of Section 306 IPC are found out and therefore the present application is required to be rejected.
12. Having heard the learned counsel appearing for the parties and having gone through the material Page 9 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined placed on record, it is found out from the record that applicants have been arraigned as accused in connection with FIR being C.R.No.I-66 of 2015 registered with Modasa Rural Police Station for the offence punishable under Sections 306 and 114 of the Indian Penal Code. It is the case of the prosecution that the deceased husband of the complainant was working as a Secretary of the society and he was managing the account of the said society and having found some financial irregularities, the applicants sought explanation from the deceased and told him to settle the account and thereby they used to create tremendous pressure upon her husband. The husband of the complainant could not bear the said pressure and ultimately he committed suicide. It is the case of the complainant that deceased has also written suicide note wherein names of the applicants are clearly mentioned.
13. At this juncture, before adverting to the issue involved in the matter, I would like to refer to certain case laws wherein the Hon'ble Apex Court as well as different High Courts have very succinctly crystallized the position of law so far as Sections 306 and 107 of the Indian Penal Code are concerned. The Hon'ble Supreme Court, in the case of Geo Verghese v. State of Rajasthan, reported in AIR 2021 SC 4764, observed and held as under:
"13. In our country, while suicide in itself is Page 10 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined not an offence as a person committing suicide goes beyond the reach of law but an attempt to suicide is considered to be an offence under Section 309 IPC. The abetment of suicide by anybody is also an offence under Section 306 IPC. It would be relevant to set out Section 306 of the IPC which reads as under :-
"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."
14. Though, the IPC does not define the word 'Suicide' but the ordinary dictionary meaning of suicide is 'self-killing'. The word is derived from a modern latin word 'suicidium' , 'sui' means 'oneself' and 'cidium' means 'killing'. Thus, the word suicide implies an act of 'self- killing'. In other words, act of death must be committed by the deceased himself, irrespective of the means adopted by him in achieving the object of killing himself.
15. Section 306 of IPC makes abetment of suicide a criminal offence and prescribes punishment for the same. Abetment is defined under Section 107 of IPC which reads as under :-
"107. Abetment of a thing - A person abets the doing of a thing, who--
First.--Instigates any person to do that thing; or Secondly.--Engages with one or more other person 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; or Page 11 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined Thirdly.--Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.--A person who, by wilful misrepresentation, or by wilful 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.
Explanation 2.--Whoever either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act."
16. The ordinary dictionary meaning of the word 'instigate' is to bring about or initiate, incite someone to do something. This Court in the case of Ramesh Kumar Vs. State of Chhattisgarh1 has defined the word 'instigate' as under :-
"Instigation is to goad, urge forward, provoke, incite or encourage to do an act."
17. The scope and ambit of Section 107 IPC and its co-relation with Section 306 IPC has been discussed repeatedly by this Court. In the case of S.S.Cheena Vs. Vijay Kumar Mahajan and Anr.2 , it was observed as under:-
"Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by the Supreme Court is clear that in order to convict a person under Section 306 IPC there has to be a clear mens rea to commit the Page 12 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide."
18. In a recent pronouncement, a two-Judge Bench of this Court in the case of Arnab Manoranjan Goswami Vs. State of Maharashtra & Ors.3 , while considering the co-relation of Section 107 IPC with Section 306 IPC has observed as under :-
"47. The above decision thus arose in a situation where the High Court had declined to entertain a petition for quashing an FIR under Section 482 of the 14 (2014) 4 SCC 453 PART I 33 CrPC. However, it nonetheless directed the investigating agency not to arrest the accused during the pendency of the investigation. This was held to be impermissible by this Court. On the other hand, this Court clarified that the High Court if it thinks fit, having regard to the parameters for quashing and the self restraint imposed by law, has the jurisdiction to quash the investigation ―and may pass appropriate interim orders as thought apposite in law. Clearly therefore, the High Court in the present case has misdirected itself in declining to enquire prima facie on a petition for quashing whether the parameters in the exercise of that jurisdiction have been duly established and if so whether a case for the grant of interim bail has been made out. The settled principles which have been consistently reiterated since the judgment of this Court in State of Haryana vs Bhajan Lal(Bhajan Lal) include a situation where the allegations made in the FIR 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 Page 13 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined case against the accused. This legal position was recently reiterated in a decision by a two-judge Bench of this Court in Kamal Shivaji Pokarnekar vs State of Maharashtra.
48. The striking aspect of the impugned judgment of the High Court spanning over fifty-six pages is the absence of any evaluation even prima facie of the most basic issue. The High Court, in other words, failed to apply its mind to a 15 1992 Supp. 1 SCC 335 16 (2019) 14 SCC 350 PART I 34 fundamental issue which needed to be considered while dealing with a petition for quashing under Article 226 of the Constitution or Section 482 of the CrPC. The High Court, by its judgment dated 9 November 2020, has instead allowed the petition for quashing to stand over for hearing a month later, and therefore declined to allow the appellant's prayer for interim bail and relegated him to the remedy under Section 439 of the CrPC. In the meantime, liberty has been the casualty. The High Court having failed to evaluate prima facie whether the allegations in the FIR, taken as they stand, bring the case within the fold of Section 306 read with Section 34 of the IPC, this Court is now called upon to perform the task."
19. In the case of M. Arjunan Vs. State, Represented by its Inspector of Police4 , a two- Judge Bench of this Court has expounded the ingredients of Section 306 IPC in the following words:-
"The essential ingredients of the offence under Section 306 I.P.C. are: (i) the abetment; (ii) the intention of the accused to aid or instigate or abet the deceased to commit suicide. The act of the accused, however, insulting the deceased by using abusive language will not, by itself, Page 14 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 I.P.C."
xxx xxx xxx
23. In the backdrop of the above discussion, we may now advert to the facts of the present case to test whether the ingredients of offence under Section 306 IPC exist, even prima-facie, to continue with the investigations.
24. The FIR recites that victim boy was under
deep mental pressure because the appellant herein had harassed and insulted him in the presence of everyone and he was not willing to go to school on 25.04.2018 but was persuaded to go to school by the complainant. When he returned from the school, again he was under very much pressure and on being enquired told that today again he was harassed and insulted by the GEO, PTI Sir (the appellant). The boy was informed that the parents have been called to school next day and this brought him under further severe pressure and tension."
14. In the facts of the present case, second and third clauses of Section 107 will have no application. Now, the question remains is as to whether the applicants instigated the deceased to commit suicide. To attract the first clause, there must be instigation in some form on the part of the accused to cause the deceased to commit suicide. Hence, the accused must have 'mens rea' to instigate the deceased to commit suicide. The act of Page 15 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined instigation must be of such intensity that it is intended to push the deceased to such a position under which he or she has no choice but to commit suicide. Such instigation must be in close proximity to the act of committing suicide. In the present case, taking the contents of the FIR as correct, it is impossible to conclude that the applicants have instigated the deceased to commit suicide. By no stretch of imagination, the alleged act of the applicants can amount to instigate the deceased to commit suicide.
15. Now, I would like to refer the decision rendered by this Court in the case of Lalitbhai Vikramchand Parekh v. State of Gujarat, Criminal Misc. Application No.16032 of 2014 and allied matters decided on 10th April, 2015:
"25. Taking note of various earlier judgments, in M. Mohan u. State Represented the Deputy Superintendent of Police, (2011) 3 SCC 626. the Supreme Court held that "Abetment involves mental process of instigating or intentionally aiding a person in doing of a thing. There should be clear mens rea to commit offence under Section 306. It requires commission of direct or active act by accused which led deceased to commit suicide seeing no other option and such act must be intended to push victim into a position that he commits suicide."
26. On a close reading of the above provisions of the IPC, and the principles laid down by the Page 16 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined Supreme Court in various decisions, it is apparent that in a case under Section 306 IPC, there should be clear mens-rea to commit the offence under this Section and there should be direct or active act by the accused, which led the deceased to commit suicide, that is to say that there must be some evidence of "instigation", "cooperation" or "initial assistance" by the accused to commit suicide by the victim/deceased.
27. In Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrajirao Angre, (1988) 1 SCC 692 the Supreme Court observed vide Para 7 that:
"7. The legal position is well settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. This is so on the basis that the court cannot be utilized for any oblique purpose and where in the opinion of the court chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may while taking into consideration the special facts of a case also quash the proceeding even though it may be at a preliminary stage."
It was a proposition relating to criminal prosecution.
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28. In Madan Mohan Singh v. State of Gujarat, (2010) 8 SCC 628. the Supreme Court quashed the proceedings under Section 306 IPC on the ground that the allegations were irrelevant and baseless and observed that the High Court was in error in not quashing the proceedings.
29. Accepting the allegations made against the applicants by the prosecution as it is, they do not constitute the offence of abetment. I am conscious of the fact that five persons of one family lost their lives on account of drastic step taken by them for no reason. It is very difficult to understand the mental state of mind of such persons who take an extreme step of putting an end to their life voluntarily by committing suicide."
16. Having regard to the provisions of Sections 107 and 306 of the Indian Penal Code and the principle laid down by the Hon'ble Apex Court in various decisions referred to in the case of Lalitbhai Vikramchand Parekh (supra), it is apparent that in a case under Section 306 of the Indian Penal Code, there should be correct mens rea to commit the offence under this section and there should be direct and active role by the accused, which led the deceased to commit the suicide. In the present case, taking the FIR filed by the complainant as correct, it is impossible to come to the conclusion that the applicants have instigated the deceased to commit suicide.
17. Learned advocate Mr. O. I. Pathan submits that Page 18 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined the deceased has also written a suicide note wherein he has given the names of the applicants and stated that due to the incessant harassment meted out by the applicants, he is committing suicide. Learned advocate Mr. Shah has also submitted that as per the case of the complainant, the general body meeting of the society was convened on 28.06.2015, whereas the deceased has committed suicide on 03.07.2015 and therefore there was no proximate link between the words uttered and the act of suicide. I would like to refer to the decision of Hon'ble Apex Court in the case of Prakash and another v. The State of Maharashtra and another, wherein, the Hon'ble Apex Court has observed as under:
"23. In the case of Sanju @ Sanjay Singh Sengar (supra), the appellant before this Court was charged with having abetted the suicide by his brother-in-law (sister's husband). The prosecution story was that there were strained relations between the deceased and his wife who at the material time was staying with the appellant therein. On 25th July, 1998 the deceased went to the appellant to bring back his wife. There was a quarrel between the appellant and the deceased who came back alone. The deceased told his brothers and other acquaintances that the appellant had threatened and abused him by using filthy words. On 27th July, 1998 the deceased was found dead. The deceased left a suicide note which showed his disturbed state of mind but otherwise he blamed the appellant for the suicide. The appellant's petition for quashing of the charge-sheet filed under Section 482 Cr.P.C. was dismissed by the High Court which led him to file an appeal before Page 19 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined this Court which came to be allowed. While taking note of the disturbed state of mind of the deceased as was evident from the suicide note and the lack of intention on the part of the accused to abet the commission of suicide by the deceased, the Court held that there was a time gap of 48 hours between the abusive language being used and the commission of suicide. As such, owing to the passage of 48 hours, giving the deceased enough time to reflect, there was no proximate link between the words uttered and the act of suicide. This Court observed as follows:
"8. In Swamy Prahaladdas v. State of M.P. [1995 Supp (3) SCC 438 : 1995 SCC (Cri) 943] the appellant was charged for an offence under Section 306 IPC on the ground that the appellant during the quarrel is said to have remarked to the deceased "to go and die".
This Court was of the view that mere words uttered by the accused to the deceased "to go and die" were not even prima facie enough to instigate the deceased to commit suicide.
9. In Mahendra Singh v. State of M.P. [1995 Supp (3) SCC 731 : 1995 SCC (Cri) 1157] the appellant was charged for an offence under Section 306 IPC basically based upon the dying declaration of the deceased, which reads as under: (SCC p. 731, para 1) "My mother-in-law and husband and sister-in- law (husband's elder brother's wife) harassed me. They beat me and abused me. My husband Mahendra wants to marry a second time. He has illicit connections with my sister-in-law. Because of these reasons and being harassed I want to die by burning."
10. This Court, considering the definition of "abetment" under Section 107 IPC, found that the charge and conviction of the appellant for an offence under Section 306 is not Page 20 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined sustainable merely on the allegation of harassment of the deceased. This Court further held that neither of the ingredients of abetment are attracted on the statement of the deceased.
11. In Ramesh Kumar v. State of Chhattisgarh [(2001) 9 SCC 618] this Court was considering the charge framed and the conviction for an offence under Section 306 IPC on the basis of dying declaration recorded by an Executive Magistrate, in which she had stated that previously there had been quarrel between the deceased and her husband and on the day of occurrence she had a quarrel with her husband who had said that she could go wherever she wanted to go and that thereafter she had poured kerosene on herself and had set herself on fire. Acquitting the accused this Court said: (SCC p. 620) "A word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation. If it transpires to the court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced 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 for abetting the offence of suicide should be found guilty."
12. Reverting to the facts of the case, both the courts below have erroneously accepted the prosecution story that the suicide by the deceased is the direct result of the quarrel that had taken place on 25-7- 1998 wherein it Page 21 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined is alleged that the appellant had used abusive language and had reportedly told the deceased "to go and die". For this, courts relied on a statement of Shashi Bhushan, brother of the deceased, made under Section 161 CrPC when reportedly the deceased, after coming back from the house of the appellant, told him that the appellant had humiliated him and abused him with filthy words. The statement of Shashi Bhushan, recorded under Section 161 CrPC is annexed as Annexure P-3 to this appeal and going through the statement, we find that he has not stated that the deceased had told him that the appellant had asked him "to go and die". Even if we accept the prosecution story that the appellant did tell the deceased "to go and die", that itself does not constitute the ingredient of "instigation". The word "instigate" denotes incitement or urging to do some drastic or inadvisable action or to stimulate or incite. Presence of mens rea, therefore, is the necessary concomitant of instigation. It is common knowledge that the words uttered in a quarrel or on the spur of the moment cannot be taken to be uttered with mens rea. It is in a fit of anger and emotion. Secondly, the alleged abusive words, said to have been told to the deceased were on 25-7-1998 ensued by a quarrel. The deceased was found hanging on 27-7-1998. Assuming that the deceased had taken the abusive language seriously, he had enough time in between to think over and reflect and, therefore, it cannot be said that the abusive language, which had been used by the appellant on 25-7-1998 drove the deceased to commit suicide. Suicide by the deceased on 27-7-1998 is not proximate to the abusive language uttered by the appellant on 25-7- 1998. The fact that the deceased committed suicide on 27-7- 1998 would itself clearly point out that it is not the direct result of Page 22 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined the quarrel taken place on 25- 7-1998 when it is alleged that the appellant had used the abusive language and also told the deceased to go and die. This fact had escaped notice of the courts below.
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14. A plain reading of the suicide note would clearly show that the deceased was in great stress and depressed. One plausible reason could be that the deceased was without any work or avocation and at the same time indulged in drinking as revealed from the statement of the wife Smt Neelam Sengar. He was a frustrated man. Reading of the suicide note will clearly suggest that such a note is not the handiwork of a man with a sound mind and sense. Smt Neelam Sengar, wife of the deceased, made a statement under Section 161 CrPC before the investigation officer. She stated that the deceased always indulged in drinking wine and was not doing any work. She also stated that on 26-7-1998 her husband came to them in an inebriated condition and was abusing her and other members of the family. The prosecution story, if believed, shows that the quarrel between the deceased and the appellant had taken place on 25-7- 1998 and if the deceased came back to the house again on 26-7-1998, it cannot be said that the suicide by the deceased was the direct result of the quarrel that had taken place on 25- 7-1998. Viewed from the aforesaid circumstances independently, we are clearly of the view that the ingredients of "abetment" are totally absent in the instant case for an offence under Section 306 IPC. It is in the statement of the wife that the deceased always remained in a drunken condition. It is common knowledge that excessive drinking leads one to debauchery. It clearly appeared, therefore, that the deceased was a victim of his own conduct Page 23 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined unconnected with the quarrel that had ensued on 25- 7-1998 where the appellant is stated to have used abusive language. Taking the totality of materials on record and facts and circumstances of the case into consideration, it will lead to the irresistible conclusion that it is the deceased and he alone, and none else, is responsible for his death." (emphasis supplied)
18. The Hon'ble Apex Court in the case of Mohit Singhal & Anr (supra), observed and held as under:
"10. In the present case, taking the complaint of the third respondent and the contents of the suicide note as correct, it is impossible to conclude that the appellants instigated the deceased to commit suicide by demanding the payment of the amount borrowed by the third respondent from her husband by using abusive language and by assaulting him by a belt for that purpose. The said incident allegedly happened more than two weeks before the date of suicide. There is no allegation that any act was done by the appellants in the close proximity to the date of suicide. by no stretch of the imagination, the alleged acts of the appellants can amount to instigation to commit suicide. the deceased has blamed the third respondent for landing in trouble due to her bad habits."
19. The scope and ambit of inherent powers of the Court under Section 482 Cr.P.C. or the extra-ordinary power under Article 226 of the Constitution of India, now stands well defined by series of judicial pronouncements. Undoubtedly, this Court has inherent powers to do real and substantial justice, or to Page 24 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined prevent abuse of the process of the Court. At the same time, the Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent powers vested in the Court should not be exercised to stifle a legitimate prosecution. However, this Court can exercise its inherent power or extra-ordinary power if the Court comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the Court, or the ends of justice require that the proceeding ought to be quashed. Thus, I am of the considered view that the allegations in the first information report if taken at its face value and accepted in their entirety, they do not constitute the offence alleged. Moreover, learned advocate Mr. Pathan for the complainant has submitted that during the pendency of the present proceedings, the dispute is amicably settled between the parties and complainant has also filed an affidavit to that regard, wherein, she has specifically stated that if the FIR is quashed qua the applicants, she has no objection. Hence, in the opinion of this Court, the chances of an ultimate conviction after full-fledged trial are bleak and continuation of criminal prosecution against the applicant accused is merely an empty formality and wastage of prestigious time of the Court.
20. In view of the aforesaid discussion, the Page 25 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025 NEUTRAL CITATION R/CR.MA/14256/2015 CAV JUDGMENT DATED: 14/02/2025 undefined application succeeds and is hereby allowed. Accordingly, the FIR being C.R.No.I-66 of 2015 registered with Modasa Rural Police Station and consequential proceedings arising out of the said FIR are hereby quashed and set aside qua the applicants. Rule is made absolute.
(DIVYESH A. JOSHI,J) LAVKUMAR J JANI Page 26 of 26 Uploaded by LAVKUMAR J JANI(HC00210) on Fri Feb 14 2025 Downloaded on : Sat Feb 15 03:16:25 IST 2025