Himachal Pradesh High Court
________________________________________________________ vs State Of Himachal Pradesh And Others on 12 December, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CrMMO No. 337 of 2022
Decided on: December 12, 2022
.
________________________________________________________
Rakesh Verma ...........Petitioner
Versus
State of Himachal Pradesh and others ....Respondents
________________________________________________________
Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1yes.
________________________________________________________
For the Petitioner : Mr. Karan Singh Kanwar, Advocate.
For the Respondents :
Mr. Sudhir Bhatnagar and Mr.
Narinder Guleria, Additional
Advocates General with Mr. Sunny
Dhatwalia, Assistant Advocate
r General, for respondents Nos. 1 to 3.
Ms. Ruchika Khachi, Advocate, for
respondent No.4.
________________________________________________________
Sandeep Sharma, Judge (oral):
By way of instant petition filed under S.482 CrPC, prayer has been made on behalf of petitioner for quashing of FIR No. 20, dated 20.5.2020 registered at Police Station Nankhari, District Shimla, Himachal Pradesh as well as consequent proceedings pending adjudication in the competent court of law i.e. case No.12 of 2021, titled State v. Arun Kumar.
2. Precisely, the facts of the case, as emerge from the record, are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.4-Budhi Singh (hereinafter, 'complainant'), who alleged that marriage of his daughter Neha was solemnized three years back with one Arun Kumar son of Kesar Singh, 1 Whether the reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 13/12/2022 20:33:01 :::CIS 2resident of Village and Post Office Kharahan, Tehsil Nakhari Shimla as per Hindu rites and customs. He alleged that two years back, his .
daughter Neha (deceased) had come back to her matrimonial house from Kharahan, after being mentally and physically harassed by her in-
laws. Above named complainant alleged that his daughter had disclosed two years back that her mother-in-law and her sister-in-law, namely Shakuntla and Poonam harassed her. He further alleged that after two months, his son-in-law, Arun Kumar alongwith 2-3 persons had come to take his deceased daughter, Neha back to his matrimonial house. He further alleged that though husband of his daughter had assured that nobody would torture his daughter at his matrimonial house but yet mother-in-law and sister-in-law kept on mentally and physically harassing his daughter, as a result of which, she was in depression. He alleged that on 20.5.2020 at 6.00 am, he called Neha, but she did not pick up the call and at around 9.00 am, Kesar Singh, father-in-law of his deceased, apprised his son that Neha has committed suicide by hanging herself from a tree in nearby fields. He stated that after receipt of such information, he alongwith villagers reached the spot and found that his daughter had committed suicide.
Complainant alleged that Neha committed suicide after being mentally and physically harassed by her in-laws namely Shakuntla and Kesar Singh and sister-in-law Poonam and as such, action in accordance with law be taken against them.
3. On the basis of aforesaid complaint, FIR sought to be quashed in the instant proceedings came to be instituted against persons namely ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 3 Arun Kumar, Shakuntla, Kesar Singh and Poonam. Since during investigation, police found that present petitioner, who happens to be .
son-in-law of accused Kesar Singh and Shakuntla and husband of Poonam, was present at village Kharahan, where allegedly, the deceased Neha committed suicide, case under S.306, 34 IPC also came to be registered against present petitioner alongwith other accused named herein above.
4. Though, after completion of investigation, Police have presented Challan in the competent court of law but before the same could be taken to its logical end, petitioner has approached this court in the instant proceedings, praying therein for quashment of FIR and consequential proceedings, on the ground that there is no case much less case under S.306 IPC is made out against the petitioner as such he deserves to be discharged.
5. Replies on behalf of respondents Nos. 1 to 3 and respondent No.4 stand filed, wherein facts as have been noticed herein above, have not been disputed rather stand admitted.
6. Mr. Sudhir Bhatnagar, learned Additional Advocate General, while fairly admitting the fact that no specific allegation ever came to be made against the present petitioner with regard to harassment and maltreatment meted to Neha, submitted that since on the date of incident, he was present in Village Kharahan, possibility of his being involved in the case cannot be ruled out as such, it would be too premature at this stage, to conclude innocence, if any, of present petitioner. Mr. Bhatnagar, submitted that since the petitioner already ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 4 stands enlarged on bail, no prejudice shall be caused to him, in case trial is allowed to continue, so that real victims are brought to the book.
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7. Ms. Ruchika Khachi, Advocate appearing for respondent No.4, while opposing the prayer made on behalf of petitioner, contended that though initially complainant may not have named petitioner in the FIR but investigation clearly reveals that the on the date of alleged incident, petitioner was present in village and as such, he has been rightly booked under Ss. 306 and 34 IPC.
8. record.
9.
r to I have heard the learned counsel for the parties and perused the Before ascertaining the genuineness and correctness of the submissions and counter submissions having been made by the learned counsel for the parties vis-à-vis prayer made in the instant petition, this Court deems it necessary to discuss/elaborate the scope and competence of this Court to quash the criminal proceedings while exercising power under Section 482 of Cr.PC.
10. A three-Judge Bench of the Hon'ble Apex Court in case titled State of Karnataka v. L. Muniswamy and others, 1977 (2) SCC 699, held that High Court while exercising power under Section 482 Cr.PC is entitled to quash the proceedings, if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the Court or that the ends of justice require that the proceeding ought to be quashed.
11. Subsequently, in case titled State of Haryana and others v.
Bhajan Lal and others, 1992 Supp (1) SCC 335, the Hon'ble Apex ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 5 Court while elaborately discussing the scope and competence of High Court to quash criminal proceedings under Section 482 Cr.PC laid .
down certain principles governing the jurisdiction of High Court to exercise its power. After passing of aforesaid judgment, issue with regard to exercise of power under Section 482 Cr.PC, again came to be considered by the Hon'ble Apex Court in case bearing Criminal Appeal No.577 of 2017 (arising out of SLP (CrL.) No. 287 of 2017) titled Vineet Kumar and Ors. v. State of U.P. and Anr., wherein it has been held that saving of the High Court's inherent powers, both in civil and criminal matters, is designed to achieve a salutary public purpose i.e. court proceedings ought not to be permitted to degenerate into a weapon of harassment or persecution.
12. The Hon'ble Apex Court in Prashant Bharti v. State (NCT of Delhi), (2013) 9 SCC 293, relying upon its earlier judgment titled as Rajiv Thapar and Ors v. Madan Lal Kapoor, (2013) 3 SCC 330, reiterated that High Court has inherent powers under Section 482 Cr.PC., to quash the proceedings against an accused, at the stage of issuing process, or at the stage of committal, or even at the stage of framing of charge, but such power must always be used with caution, care and circumspection. In the aforesaid judgment, the Hon'ble Apex Court concluded that while exercising its inherent jurisdiction under Section 482 of the Cr.PC, Court exercising such power must be fully satisfied that the material produced by the accused is such, that would lead to the conclusion, that his/their defence is based on sound, reasonable, and indubitable facts and the material adduced on record ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 6 itself overrule the veracity of the allegations contained in the accusations levelled by the prosecution/complainant. Besides above, .
the Hon'ble Apex Court further held that material relied upon by the accused should be such, as would persuade a reasonable person to dismiss and condemn the actual basis of the accusations as false. In such a situation, the judicial conscience of the High Court would persuade it to exercise its power under Section 482 of the Cr.P.C. to quash such criminal proceedings, for that would prevent abuse of process of the court, and secure the ends of justice. In the aforesaid judgment titled as Prashant Bharti v. State (NCT of Delhi), (2013) 9 SCC 293, the Hon'ble Apex Court has held as under:-
"22. The proposition of law, pertaining to quashing of criminal proceedings, initiated against an accused by a High Court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Cr.P.C.") has been dealt with by this Court in Rajiv Thapar & Ors. vs. Madan Lal Kapoor wherein this Court inter alia held as under: (2013) 3 SCC 330, paras 29-30)
29. The issue being examined in the instant case is the jurisdiction of the High Court under Section 482 of the Cr.P.C., if it chooses to quash the initiation of the prosecution against an accused, at the stage of issuing process, or at the stage of committal, or even at the stage of framing of charges. These are all stages before the commencement of the actual trial. The same parameters would naturally be available for later stages as well. The power vested in the High Court under Section 482 of the Cr.P.C., at the stages referred to hereinabove, would have far reaching consequences, inasmuch as, it would negate the prosecution's/complainant's case without allowing the prosecution/complainant to lead evidence. Such a determination must always be rendered with caution, care and circumspection. To invoke its inherent jurisdiction under Section 482 of the Cr.P.C. the High Court has to be fully satisfied, that the material produced by the accused is ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 7 such, that would lead to the conclusion, that his/their defence is based on sound, reasonable, and indubitable facts; the material produced is such, as would rule out and displace the assertions contained in the .
charges levelled against the accused; and the material produced is such, as would clearly reject and overrule the veracity of the allegations contained in the accusations levelled by the prosecution/complainant. It should be sufficient to rule out, reject and discard the accusations levelled by the prosecution/complainant, without the necessity of recording any evidence. For this the material relied upon by the defence should not have been refuted, or alternatively, cannot be justifiably refuted, being material of sterling and impeccable quality. The material relied upon by the accused should be such, as would persuade a reasonable person to dismiss and condemn the actual basis of the accusations as false. In such a situation, the judicial conscience of the High Court would persuade it to exercise its power under Section 482 of the Cr.P.C. to quash such criminal proceedings, for that would prevent abuse of process of the court, and secure the ends of justice.
30. Based on the factors canvassed in the foregoing paragraphs, we would delineate the following steps to determine the veracity of a prayer for quashing, raised by an accused by invoking the power vested in the High Court under Section 482 of the Cr.P.C.:-
30.1 Step one, whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the material is of sterling and impeccable quality?
30.2 Step two, whether the material relied upon by the accused, would rule out the assertions contained in the charges levelled against the accused, i.e., the material is sufficient to reject and overrule the factual assertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false.
30.3 Step three, whether the material relied upon by the accused, has not been refuted by the prosecution/complainant;
and/or the material is such, that it cannot be justifiably refuted by the prosecution/complainant?
30.4 Step four, whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of justice?
30.5 If the answer to all the steps is in the affirmative, judicial conscience of the High Court should persuade it to quash such criminal - proceedings, in exercise of power vested in it under Section 482 of the Cr.P.C. Such exercise of power, besides ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 8 doing justice to the accused, would save precious court time, which would otherwise be wasted in holding such a trial (as well as, proceedings arising therefrom) specially when, it is clear that the same would not conclude in the conviction of the .
accused."
13. It is quite apparent from the bare perusal of aforesaid judgments passed by the Hon'ble Apex Court from time to time that 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/her due to private and personal grudge, High Court while exercising power under Section 482 Cr.PC can proceed to quash the proceedings.
14. Recently, the Hon'ble Apex Court in case tilted Anand Kumar Mohatta and Anr. v. State (Government of NCT of Delhi) Department of Home and Anr, AIR 2019 SC 210, has held that abuse of process caused by FIR stands aggravated if the FIR has taken the form of a charge sheet after investigation and as such, the abuse of law or miscarriage of justice can be rectified by the court while exercising power under Section 482 Cr.PC. The relevant paras of the judgment are as under:
16. Even otherwise it must be remembered that the provision invoked by the accused before the High Court is Section 482 Cr. P.C and that this Court is hearing an appeal from an order under Section 482 of Cr.P.C. Section 482 of Cr.P.C reads as follows: -
"482. Saving of inherent power of the High Court.- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 9 the process of any Court or otherwise to secure the ends of justice."
17. There is nothing in the words of this Section which restricts the .
exercise of the power of the Court to prevent the abuse of process of court or miscarriage of justice only to the stage of the FIR. It is settled principle of law that the High court can exercise jurisdiction under Section 482 of Cr.P.C even when the discharge application is pending with the trial court ( G. Sagar Suri and Anr. V. State of U.P. and Others, (2000) 2 SCC 636 (para 7), Umesh Kumar v. State of Andhra Pradesh and Anr. (2013) 10 SCC 591 (para 20). Indeed, it would be a travesty to hold that proceedings initiated against a person can be interfered with at the stage of FIR but not if it has advanced, and the allegations have materialized into a charge sheet. On the contrary it could be said that the abuse of process caused by FIR stands aggravated if the FIR has taken the form of a charge sheet after investigation. The power is undoubtedly conferred to prevent abuse of process of power of any court."
15. Recently, the Hon'ble Apex Court in case titled Pramod Suryabhan Pawar v. The State of Maharashtra and Anr, (2019) 9 SCC 608, has elaborated the scope of exercise of power under Section 482 Cr.PC, the relevant para whereof reads as under:-
"7. Section 482 is an overriding section which saves the inherent powers of the court to advance the cause of justice. Under Section 482 the inherent jurisdiction of the court can be exercised (i) to give effect to an order under the CrPC; (ii) to prevent the abuse of the process of the court; and (iii) to otherwise secure the ends of justice. The powers of the court under Section 482 are wide and the court is vested with a significant amount of discretion to decide whether or not to exercise them. The court should be guarded in the use of its extraordinary jurisdiction to quash an ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 10 FIR or criminal proceeding as it denies the prosecution the opportunity to establish its case through investigation and evidence. These principles have been consistently followed and re-iterated by this Court. In Inder .
Mohan Goswami v State of Uttaranchal5, this Court observed.
"23. This Court in a number of cases has laid down the scope and ambit of courts' powers under Section 482 CrPC. Every High Court has inherent powers to act ex debito justitiae to do real and substantial justice, for the administration of which alone it exists, or to prevent abuse of the process of the court. Inherent power under Section 482 CrPC can be exercised:
(i) to give effect to an order under the Code;
(ii) to prevent abuse of the process of the court, and
(iii) to otherwise secure the ends of justice.
24. Inherent powers under Section 482 CrPC though wide have to be exercised sparingly, carefully and with great caution and only when exercise is justified by the tests specifically laid down in this section itself. Authority of the court exists for the advancement of justice. If any abuse of the process leading to injustice is brought to the notice of the court, then the court would be justified in preventing injustice by invoking inherent powers in absence of specific provisions in the statute."
8. Given the varied nature of cases that come before the High Courts, any strict test as to when the court's extraordinary powers can be exercised is likely to tie the court's hands in the face of future injustices. This Court in State of Haryana v Bhajan Lal6 conducted a detailed study of the situations where the court may exercise its extraordinary jurisdiction and laid down a list of illustrative examples of where quashing may be appropriate. It is not necessary to discuss all the examples, but a few bear relevance to the present case. The court in Bhajan Lal noted that quashing may be appropriate where, (2007) 12 SCC 1 1992 Supp (1) SCC 335 ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 11 "102. (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).
..........
(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."
In deciding whether to exercise its jurisdiction under Section 482, the Court does not adjudicate upon the veracity of the facts alleged or enter into an appreciation of competing evidence presented. The limited question is whether on the face of the FIR, the allegations constitute a cognizable offence. As this Court noted in Dhruvaram Murlidhar Sonar v State of Maharashtra, 2018 SCC OnLine SC3100 ("Dhruvaram Sonar") :
"13. It is clear that for quashing proceedings, meticulous analysis of factum of taking cognizance of an offence by the Magistrate is not called for. Appreciation of evidence is also not permissible in exercise of inherent powers. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken, it is open to the High Court to quash the same in exercise of its inherent powers."
16. Aforesaid law, clearly stipulates that court can exercise power under S.482 of the Code of Criminal Procedure, to quash criminal proceedings, in cases, where the allegations made in the first information report or the complaint, even if they are taken at their face ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 12 value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
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17. Now being guided by the aforesaid proposition of law laid down by the Hon'ble Apex Court, this Court would make an endeavor to examine and consider the prayer made in the instant petition vis-à-vis factual matrix of the case.
18. Having learned counsel for the parties and perused the contents of FIR sought to be quashed in the instant proceedings, this court finds force in the submission of learned counsel for the petitioner, that no allegation, if any, with regard to harassment and torture being meted by the petitioner to the deceased Neha, ever came to be reported in the initial complaint made by the complainant, rather, complainant specifically reported that his deceased daughter Neha was being constantly harassed by her husband, mother-in-law, father-in-law and sister-in-law. Similarly final report under S. 173 CrPC, nowhere suggests that police during investigation was able to prove that the petitioner, who happens to be son-in-law of accused Kesar Singh and Shakuntla and husband of accused Poonam, ever harassed or tortured deceased Neha. It is only on the basis of disclosure made by accused Shakuntla Devi that on the date of alleged incident, petitioner Rakesh Kumar was present at village Kharahan, the FIR sought to be quashed in the instant proceedings came to be lodged against the petitioner also. Mere presence, if any, in village Kharahan may not be sufficient to connect the petitioner with the offence alleged to have been committed by him under S.306 IPC, ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 13
19. At the cost of repetition it may be noticed here that there is no allegation, if any, against the petitioner that he alongwith other accused .
used to torture the deceased Neha, mentally or physically, rather record reveals that for the last two years, Neha was residing at her parental house and even during this period, no complaint, if any, ever came to be lodged by Neha against her in-laws, especially against petitioner Rakesh Kumar, who otherwise is not resident of Village Kharahan rather resides in Village Bayal, Tehsil Nirmand, District Kullu, Himachal Pradesh.
20. There may be some differences between deceased Neha and accused Poonam, who happens to be wife of Rakesh Kumar, but that cannot be made a basis to implicate the petitioner in the case registered against other accused under S.306, 34 IPC. Save and except, statement of co-accused with regard to presence of the petitioner in Village Kharahan on the date of incident, there is no other evidence that the present bail petitioner abetted or instigated the deceased Neha to commit suicide.
21. There is no evidence on record suggestive of the fact that on the date of alleged incident, either the petitioner committed any act or incited the deceased to commit suicide. Mere presence of the petitioner in the village is not sufficient to conclude abetment on the part of petitioner, especially when neither any complaint was ever made by deceased or after her death, by her father (complainant). In these circumstances, there seems to be no justification for this court to let the ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 14 petitioner face the ordeal of trial, which may go on for quite considerable time.
.
22. Recently, the Hon'ble Apex Court in a case (Geo Varghese v.
State of Rajasthan and Anr, 2021 (4) RCR (Criminal) 361) where student committed suicide after being reprimanded by the teacher/administration categorically held that reprimanding student would not amount to investigation to commit suicide. Relevant para of the aforesaid judgment reads as under:
27. It is a solemn duty of a teacher to instil discipline in the students. It is not uncommon that teachers reprimand a student for not being attentive or not being upto the mark in studies or for bunking classes or not attending the school. The disciplinary measures adopted by a teacher or other authorities of a school, reprimanding a student for his indiscipline, in our considered opinion, would not tantamount to provoking a student to commit suicide, unless there are repeated specific allegations of harassment and insult deliberately without any justifiable cause or reason. A simple act of reprimand of a student for his behaviour or indiscipline by a teacher, who is under moral obligations to inculcate the good qualities of a human being in a student would definitely not amount to instigation or intentionally aid to the commission of a suicide by a student.
28. 'Spare the rod and spoil the child' an old saying may have lost its relevance in present days and Corporal punishment to the child is not recognised by law but that does not mean that a teacher or school authorities have to shut their eyes to any indiscipline act of a student. It is not only a moral duty of a teacher but one of the legally assigned duty under Section 24 (e) of the Right of Children to Free and Compulsory Education Act, 2009 to hold regular meetings with the parents and guardians and apprise them about the regularity in attendance, ability to learn, progress made in learning and any other act or relevant information about the child. ............................
32. Considering the facts that the appellant holds a post of a teacher and any act done in discharge of his moral or legal duty without their being any circumstances to even remotely indicate that there was any intention on his part to abet the commission of suicide by one of his own pupil, no mens rea can be attributed.
Thus, the very element of abetment is conspicuously missing from the allegations levelled in the FIR. In the absence of the element of abetment missing from the allegations, the essential ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 15 ingredients of offence under section 306 IPC do not exist. ........................................
40. In the absence of any material on record even, prima-facie, in the FIR or statement of the complainant, pointing out any such .
circumstances showing any such act or intention that he intended to bring about the suicide of his student, it would be absurd to even think that the appellant had any intention to place the deceased in such circumstances that there was no option available to him except to commit suicide.
23. In the aforesaid judgment, the Hon'ble Apex Court has categorically held that simple act of reprimand of a student for his behaviour or indiscipline by a teacher, who is under moral obligations to inculcate the good qualities of a human being in a student would definitely not amount to instigation or intentional aid to the commission of a suicide by a student. In the absence of the element of abetment missing from the allegations, the essential ingredients of offence under Section 306 IPC do not exist. Apart from above, the Hon'ble apex Court has held that victim committed suicide allegedly for being reprimanded for repeatedly bunking classes. Reading of victims suicide note shows that same was penned by immature and hypersensitive mind, thus act of accused being teacher would not ordinarily induce a circumstances to a student to commit suicide. In the case at hand, petitioner herein being fellow student only made complaint to the teacher with regard to indecent behavior of the deceased Asha Rani and her friend Alka Rani, but such act of him by no stretch of imagination can be said to be instigation or abetment to constitute an offence if any, punishable under Section 306 of IPC. Since, there is no element of abetment, case under Section 306 of IPC made against the petitioner is otherwise bound to fail. At this juncture, it would be apt to take note of Section 306 IPC ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 16 "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."
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24. 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 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."
25. Similarly, the dictionary meaning of the word 'instigate' is to bring about or initiate, incite someone to do something. The Hon'ble Apex Court in the case of Ramesh Kumar v. State of Chhattisgarh (2001) 9 SCC 618 has defined the word 'instigate' as "instigation is to goad, urge forward, provoke, incite or encourage to do an act."
26. Hon'ble Apex Court in case of S.S.Cheena v. Vijay Kumar Mahajan and Anr. (2010) 12 SCC 190 has dealt with scope and ambit of Section 107 IPC and its co-relation with Section 306 IPC. Relevant pars of the aforesaid judgment read 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 ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 17 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 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."
27. In the case of M. Arjunan v. State, Represented by its Inspector of Police (2019) 3 SCC 315, the Hon'lbe Apex Court has held as under:
"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, 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."
28. The Hon'ble Apex Court in Ude Singh & Ors. v. State of Haryana, 2019 17 SCC 301, has held that in cases of alleged abetment of suicide, there must be a proof of direct or indirect act/s of incitement to the commission of suicide. It could hardly be disputed that the question of cause of a suicide, particularly in the context of an offence of abetment of suicide, remains a vexed one, involving multifaceted and complex attributes of human behavior and responses/reactions. In the case of accusation for abetment of suicide, the Court would be looking for cogent and convincing proof of the act/s of incitement to the commission of suicide. In the case of suicide, mere allegation of ::: Downloaded on - 13/12/2022 20:33:01 :::CIS 18 harassment of the deceased by another person would not suffice unless there be such action on the part of the accused which compels .
the person to commit suicide and such an offending action ought to be proximate to the time of occurrence. Whether a person has abetted in the commission of suicide by another or not, could only be gathered from the facts and circumstances of each case.
29. It is quite apparent from the aforesaid judgment rendered by the Hon'ble Apex Court that act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide, rather there should be evidence suggestive of the fact that the accused intended by such act to instigate the deceased to commit suicide. However, in the case at hand, as has been discussed herein above, there is no evidence at all available against the petitioner that he insulted the deceased by using abusive language that too with an intention to instigate her to commit suicide and as such, no case, if any, under Section 306 IPC is otherwise made out against him.
Contents of FIR and final report filed under Section 173, if taken to be correct on their face value, do not prima facie constitute the offence against the accused. Apart from above, neither FIR nor final challan under Section 173 Cr.PC disclose offence, if any, punishable under Section 306 of IPC against the petitioner. Leaving everything aside, there is no sufficient evidence available on record to connect the petitioner with the offence alleged to have been committed by him.
::: Downloaded on - 13/12/2022 20:33:01 :::CIS 1930. In view of the detailed discussion made herein supra and law taken into consideration, this court is of the definite view that there is no .
evidence available on record to conclude that the petitioner had any role in inciting the deceased or there was any act on the part of petitioner, that can be said to have forced the deceased to commit suicide, as such, criminal prosecution of the petitioner would be a travesty of justice and petitioner would be unnecessarily made to suffer the ordeal of trial.
31. Consequently, in view of the detailed discussion made herein above, present petition is allowed and FIR No. FIR No. 20, dated 20.5.2020 registered at Police Station Nankhari, District Shimla, Himachal Pradesh against the petitioner, is quashed and set aside.
Accused is acquitted of the charges framed against him in the aforesaid FIR.
(Sandeep Sharma) Judge December 12, 2022 (vikrant) ::: Downloaded on - 13/12/2022 20:33:01 :::CIS