Himachal Pradesh High Court
Sh. Ashish Kumar vs L. Muniswamy And Others on 31 March, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
ON THE 31st DAY OF MARCH, 2022
BEFORE
HON'BLE MR. JUSTICE SANDEEP SHARMA
CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No. 728 of 2021
Between:
SH. ASHISH KUMAR,
S/O SH. NARENDER KUMAR,
R/O VILLAGE BALYANA,
P.O. BROTIWALA,
TEHSIL BADDI,
DISTRICT SOLAN, HIMCHAL PRADESH,
AGED ABOUT 22 YEARS,
OCCUPATION UNEMPLOYED
....PETITIONER
(BY MR. SANGRAM SINGH
CHANDEL, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
2. SH. GURMUKH SINGH,
S/O LATE SH. SEWA SINGH,
R/O VPO DABHOTA,
TEHSIL NALAGARH,
DISTRICT SOLAN, H.P.
3. SMT. LUBNA ANSARI,
W/O SH. ABDUL GAFFAR,
R/O HOUSE NO.43,
WARD NO.1, NALAGARH,
P.S. NALAGARH, DISTRICT SOLAN,
H.P., WORKING AS A INSTRUCTOR
::: Downloaded on - 04/04/2022 20:10:29 :::CIS
2
IN ITI NALAGARH, DISTRICT SOLAN, H.P.
.
4. SH. RAKESH KUMAR,
S/O SH. MILKHI RAM,
R/O VILLAGE SALAN,
P.O. RAIPUR, P.S. BHAWARAN,
TEHSIL PALAMPUR, DISTRICT KANGRA,
HIMACHA PRADESH PRESENTLY
WORKING AS INSTRUCTOR IN ITI NALAGARH,
DISTRICT SOLAN, H.P.
....RESPONDENTS
(BY MR. SHIVPAL MANHANS,
ADDITIONAL ADVOCATE GENERAL
WITH MR. BHUPINDER THAKUR
AND MR. YUDHBIR SINGH THAKUR,
DEPUTY ADVOCATES GENERAL, FOR
THE STATE)
Whether approved for reporting?. Yes.
Reserved on: 17.3.2022.
This petition coming on for hearing this day, the Court passed the following:
ORDER
By way of instant petition filed under Section 482 Cr.PC, prayer has been made by the petitioner for quashing of FIR No. 215 of 2019, dated 18.7.2019, registered at PS Nalagarh, under Section 306 read with Section 34 of IPC, as well as consequent proceedings, pending in the court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P.
2. Precisely, the facts of the case, which led to filing of the FIR sought to be quashed in the instant proceedings, are that on 18.7.2019, ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 3 complainant Gurmukh Singh lodged a complaint at Police Station Dabota, .
Nalagarh, alleging therein that his daughter namely Asha Rani, a student of Electrician Trade in ITI, Nalagarh, committed suicide on 11.7.2019, after having jumped in a canal near Bharatgarh, Punjab. He alleged that police recovered one suicide note from the bag of his daughter, wherein she has alleged that she has committed suicide after being harassed and tortured by the ITI administration. On the basis of the aforesaid complaint, police registered case against the present petitioner as well as few employees of ITI Nalagarh, District Solan, H.P. During investigation, police recorded the statement of person namely Dilpreet, who had seen the deceased Asha Rani jumping in the canal on 11.7.2019. On 24.7.2019, dead body of the deceased Asha Rani was recovered near Bulsunda canal ramp RDO 38, Tehsil Chamkaur Sahib, District Ropar, Punjab. Police got the post mortem of the dead body conducted in IGMC Shimla, wherein forensic expert opined that "in the absence of diatom test, negative chemical examiners report and body being in a state of advanced decomposition, the cause of death in all probability is asphyxia secondary ante mortem wet drowning."
Assistant Director, SFSL Junga, after having examined the viscera reported that no poison was detected in the parcels P/1, P/2, P/3 and P/4. On 30.7.2019, Ms. Navneet Kaur, principal ITI (Women) Nalagarh, got her ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 4 statement recorded under Section 161 Cr.PC, stating therein that on .
11.7.2019, Ms. Lubna Ansari, trainer, ITI (W) had reported her that students namely Alka Sharma and Asha Rani left the college and accordingly, she had instructed the aforesaid trainer to apprise the parents of both the girls. On 31.7.2019, Ms. Lubna Ansari disclosed to the police that on account of dispute inter-se students of the ITI, direction was issued to all the students to submit their complaints in writing, but students namely Alka Sharma and Asha Rani went out of the class and when both the students did not come back, information was given to the principal and HCM Ms. Sharda Devi, who thereafter asked her to send information through telephone to the parents of the above named students. On 2.8.2019, police recorded the statements of the students of junior class ITI.
While matter was being investigated, father of Ms. Asha Rani informed the police through mobile phone that some of friends of his daughter Asha Rani had come to his house and they have disclosed that while their statements were recorded on 7.8.2019, they missed to state few facts and as such, police again recorded the statements of friends of deceased Asha Rani namely Anchal, Minakshi, Rajni Bala and Nisha Devi. On 8.8.2019, police apart from recording the statement of Ms. Alka under Section 161 also got her statement recorded under Section 164 Cr.PC in the court of ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 5 learned ACJM Nalagarh, wherein she alleged that after their having left the .
college, Rakesh Sir (trainer ITI) told the student that in case they all support him, he would fail Ms. Asha Rani & Ms. Alka and Madam Ms. Lubna Ansari would also lower their grades. On 11.8.2019, police collected progress cards and answer books of the deceased Asha Rani and her friend Alka Sharma from the ITI for women, Nalgarh. During investigation, it transpired that there were nine students in junior class and 21 students in senior class and out of them, 13 students were of electrician trade. On 11.7.2018, at about 12:00 PM, deceased Asha Rani and her friend Alka were seen kissing and hugging each other intimately in work shop by the students. When other students stopped Alka and deceased Asha Rani from doing such activity in college premises, some altercation took place inter-se above named girls and other students present in the work shop. Students of senior class namely Praveen and Priyanka reported the matter to Madam Ms. Lubna Ansari, who alongwith Rakesh trainer ITI asked all the students to come in the workshop and thereafter, inquired the matter with regard to the deceased Asha Rani and Alka Sharma. Students namely Ashish, Harish, Ravi, Irshad and Nitesh etc., allegedly stated to the trainers named herein above that both the students Alka Sharma and Asha Rani have spoiled the atmosphere of the college and as such, they may be rusticated.
::: Downloaded on - 04/04/2022 20:10:29 :::CIS 6Though deceased Asha Rani did not react, but her friend Alka Sharma and .
student namely Ashish Kumar (present petitioner) started arguing with each other. Since Ashish made some uncalled comments against the behavior of Asha Rani, her friend Alka Sharma, slapped Ashish, who thereafter, also slapped Alka. When trainer Ms. Ms. Lubna Ansari and Rakesh kumar asked the students to give their complaint in writing, deceased Asha Rani alongwith her friend Alka Sharma, went out of the class but when both the above named students did not come back, Ms. Lubna Ansari informed the Principal and HCM, who told Ms. Lubna Ansari to apprise the parents of the Alka Sharma and Asha Rani. Ms. Alka Sharma went to her house, whereas deceased Asha Rani jumped in a canal near Baharatgarh, District Ropar, Punjab. One suicide note was recovered from the bag of the deceased Asha Rani, wherein she had written that since she was thrown out of the ITI college for no fault of her and for no reason the students of electrician trade said wrong things about her as well as her friend, she is committing suicide. On 12.7.2019, Ms. Alka Sharma, gave a separate complaint against Ashish i.e. petitioner herein in the police station. As per investigation, CCTV Footage discloses that Alka Sharma and Asha Rani were kissing each other on 2-3 occasions. Though deceased Asha Rani was sitting on her seat, whereas her friend Ms. Alka Sharma was ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 7 seen arguing and quarreling with other students. As per students available .
in the college, deceased Asha Rani and Alka Sharma used to behave indecently while sitting in the workshop and as such, they had raised their objection. After completion of investigation police presented challan in the competent court of law at Nalagarh, District Solan, under Section 306 read with Section 34 of IPC against the petitioner Ashish and other staff. Since no specific allegation, if any, with regard to abetment of suicide ever came to be alleged against the petitioner at the behest of the deceased Asha Rani, he has approached this Court in the instant proceedings for quashing of FIR.
3. Reply to the petition stands filed by the respondent-State, wherein it has been stated that during investigation it was found that complaint was made by all the students jointly, but the major controversy was between petitioner Ashish and deceased Asha Ran. It is also stated in the reply that abusive words were exchanged inter-se petitioner and Alka Sharma. Respondent-state has stated in the reply that since respondents No. 3 and 4 Ms. Ms. Lubna Ansari and Rakesh Kumar, trainers of ITI, remained negligent in performing their duties, being responsible employees of the institution, they have been rightly held ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 8 responsible for instigating and abeting the deceased Asha Rani to commit .
suicide.
4. Sh. Sangram Singh Chandel, learned counsel representing the petitioner while making this Court to peruse the FIR as well as final report presented under Section 173 of Cr.PC in the competent court of law vehemently argued that no case much less under Section 306 read with Section 34 of IPC is made out against the petitioner and as such, case registered against him under Section 306 read with Section 34 IPC deserves to be quashed and set-aside. He further argued that otherwise bare perusal of FIR nowhere discloses offence, if any, punishable under Section 306 of IPC. As per investigation conducted by the police, no altercation, if any ever took place inter-se the petitioner Ashish and deceased Asha Rani, rather all the students of electrician trade made collective complaint to the teachers with regard to indecent behavior of the deceased Asha Rani and her friend Alka Sharma, who after being scolded by the teachers left the ITI of their own. Learned counsel for the petitioner also argued that bare perusal of the suicide note nowhere reveals specific allegation of abetment and instigation, if any, against the petitioner, rather bald and vague allegation has been leveled against the administration of ITI for women, Nalagarh. Learned counsel for the petitioner further argued that even if ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 9 allegations as contained in the FIR as well as final report filed under .
Section 173 are taken to be correct on their face value and accepted in their entirety, they do not prima-facie reveal any offence against the petitioner and as such, prayer made by the petitioner for quashing of FIR deserves to be accepted.
5. Sh. Shivpal Manhans, learned Additional Advocate General, while supporting the action of the respondent-State in filing case against the petitioner under Section 306 read with Section 34 IPC, argued that there is ample material available on record suggestive of the fact that deceased Asha Rani committed suicide after being humiliated and harassed by some of the students of ITI for Woman Nalagarh. He submitted that since it has specifically come in the investigation that petitioner herein not only raised question about the character of the deceased Asha Rani, but also gave beatings to her friend Alka Sharma, who otherwise also filed separate complaint against the petitioner, prayer made on behalf of the petitioner deserves to be rejected.
6. I have heard the learned counsel for the parties and perused the record.
7. Before ascertaining the genuineness and correctness of the submissions and counter submissions having been made by the learned ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 10 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.
8. A three-Judge Bench of the Hon'ble Apex Court in case titled State of Karnataka vs. 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.
9. Subsequently, in case titled State of Haryana and others vs. Bhajan Lal and others, 1992 Supp (1) SCC 335, the Hon'ble Apex 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 ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 11 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.
10. 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 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 ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 12 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 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 ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 13 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 ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 14 criminal - proceedings, in exercise of power .
vested in it under Section 482 of the Cr.P.C.
Such exercise of power, besides 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."
11. 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.
12. Sh. Shivpal Manhans, learned Additional Advocate General, contended that since investigating agency after having completed investigation has already filed challan under Section 173 Cr.PC., in the competent court of law, prayer made on behalf of the petitioners for quashing FIR cannot be accepted at this stage. However, this Court is not inclined to accept the aforesaid submission made by the learned Additional Advocate General for the reason that High Court while exercising jurisdiction under Section 482 Cr.PC can even proceed to quash charge, if it is satisfied that evidentiary material adduced on record would not ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 15 reasonably connect the accused with the crime and if trial in such .
situations is allowed to continue, person arraigned as an accused would be unnecessarily put to ordeals of protracted trial on the basis of flippant and vague evidence.
13. Recently, the Hon'ble Apex Court in case tilted Anand Kumar Mohatta and Anr. v. State (Government of NCT of Delhi) Departmetn 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 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.
::: Downloaded on - 04/04/2022 20:10:29 :::CIS 16(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."
14. 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 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.
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17
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 "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, ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 18 the allegations constitute a cognizable offence. As this Court .
noted in Dhruvaram Murlidhar Sonar v State of Maharashtra, 2018 SCCOnLine 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."
15. 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. Careful perusal of FIR sought to be quashed as well as final challan filed in the competent court of law under Section 173 Cr.PC, if read in its entirety, reveals that initially complainant Gurmukh Singh i.e. father of the deceased Asha Rani, got his statement recorded under Section 154 Cr.PC, that his daughter committed suicide on 11.7.2019, after being harassed and tortured by the ITI Administration. However, subsequently, in the month of August, 2019, he telephonically informed the police that friends of his deceased daughter, who had got their statement recorded on 2.8.2019, disclosed to him that they missed to state few facts at the time of recording their statement and as such, want to record their statement again. As per investigation, on 2nd and 5th August, students of junior class ITI disclosed to the Investigating Officer that on 11.7.2018, deceased Asha ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 19 Rani and her friend Alka Sharma were seen kissing and hugging each other .
in the workshop and on being objected, they started hurling abuses and arguing with the students. As per contents contained in the FIR, Ms. Lubna Ansari and Rakesh, trainers of the ITI Nalagarh, after having received complaint from the students, asked all the students to gather at the work shop. Few students namely Harish, Ravi, Irshad and present petitioner, allegedly told the aforesaid trainers that deceased Asha Rani and Alka Sharma have spoiled the atmosphere of the college and as such, they may be rusticated.
rThereafter, some altercation took place inter-se Alka Sharma and petitioner Ashish. Alka Sharma slapped the petitioner, who also slapped Alka Sharma. Students categorically disclosed to the police that Alka Sharma and Asha Rani used to behave indecently while sitting in the workshop and as such, matter was reported to the administration.
While matter was being investigated by the trainers from the students, both Asha Rani and Alka Sharma went out of the lab/class room. When students named herein above left the class/workshop and they did not come back, the administration informed their parents through mobile. As per investigation, Ms. Alka Sharma went to her house, whereas Asha Rani committed suicide by jumping in a canal. In suicide note recovered from her bag, she categoricaly alleged that she has been thrown out of the ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 20 college for no fault of her and for no reason boys of electrician trade said .
wrong things about them. On 12.7.2019, Alka Sharma, friend of deceased Asha Rani also gave a complaint against the present bail petitioner. CCTV footage collected by the police clearly reveals that on the date of the alleged incident, deceased Asha Rani and her friend Alka Sharma were kissing and hugging each other on 2-3 occasions. In the CCTV footage, though deceased Asha Rani can be seen sitting on her seat, whereas her friend Alka Sharma, can be seen arguing and fighting with her fellow friends.
Having carefully perused the contents of the FIR as well as final report filed under Section 173 Cr.PC, this Court finds substantial force in the submissions made by the learned counsel for the petitioner that no case much less under Section 306 read with Section 34 IPC is made out against the petitioner Ashish. If the suicide note written by the deceased Asha Rani is perused in its entirety, it nowhere specifically discloses the name of the present petitioner Ashish, rather deceased Asha Rani in her suicide note has leveled allegation against the ITI Administration and all the boys of the electrician trade. She has not leveled specific allegation, if any, of harassment against the present petitioner Ashish, who otherwise as per investigation, came to the workshop after being asked by the trainers namely Ms. Lubna Ansari and Rakesh alongwith other students. It is not ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 21 only the present petitioner Ashish, who said something with regard to .
indecent behavior and conduct of the deceased Asha Rani and her friend Alka Sharma, rather all the students gathered in the work shop complained that deceased Asha Rani and her friend Alka Sharma have spoiled the atmosphere of the ITI and as such, they be rusticated. It has also come in the investigation that Ms. Alka Sharma, friend of the deceased Asha Rani, after being agitated on account of allegation of indecent behavior made against her, slapped the petitioner Ashish, who in turn, also slapped Ms. Alka Sharma.
As per statements made by the students of ITI, deceased Asha Rani and her friend Alka Sharma used to behave indecently while sitting in the workshop/class room and as such, matter was being investigated on the request of other students of the college. As per investigation conducted by the police, person namely Ashish, Harish, Ravi, Irshad and Nitesh, had asked the trainers namely Ms. Lubna Ansari and Rakesh to rusticate the deceased Asha Rani and her friend Alka Sharma, but such request having been made by them to above named trainers cannot be construed to be instigation/abetment, if any, by them to Ms. Asha Rani for committing suicide, who otherwise in her suicide note has nowhere leveled specific allegation, if any, against the petitioner, rather allegation made in the suicide note is against the administration of ITI and ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 22 the boys of the electrician trade. Otherwise also, bare perusal of final .
report under Section 173 Cr.PC, nowhere discloses evidence if any, collected on record against the petitioner for his having instigated and abetted the deceased Asha Rani to commit suicide, rather evidence available on record reveals that deceased Asha Rani after being exposed on account of her indecent behavior in the college premises, left the college alongwith her friend Alka Sharma and committed suicide. As per own case of the prosecution, no direct altercation, if any, took place inter-se petitioner and the deceased Asha Rani, rather altercation, if any, took place inter-se him and Ms. Alka Sharma, friend of the deceased Asha Rani. On 12.7.2019, Alka Sharma lodged a complaint against the petitioner Ashish, but that cannot be said to have any connection with the FIR sought to be quashed in the instant proceedings. There is no specific evidence of instigation and abetment collected on record by the investigating agency, rather an attempt has been made to rope in the petitioner in the case on the ground that while trainers namely Ms. Lubna Ansari and Rakesh had asked the students to gather in the workshop, petitioner Ashish said some objectionable things about the character of the deceased Asha Rani and her friend Alka Sharma. As has been discussed herein above, it was not the petitioner Ashish, but other number of students who had raised the ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 23 objection with regard to indecent behavior of the deceased Asha Rani and .
Alka Sharma, who were found hugging and kissing each other in the lab.
Though altercation took place inter-se Ms. Alka Sharma and the petitioner Ashish, but as per investigation, it was not only the present petitioner, who demanded the rustication of the Asha Rani and Alka Sharma, rather other students namely Harish, Ravi, Irshad and Nitish also demanded their rustication. Investigation further reveals that trainers namely Ms. Lubna Ansari and Rakesh did not ask the students to come in the lab on the complaint made by the petitioner Ashish, rather students were asked to come in the lab on the objection raised by number of the students regarding the indecent behavior of Ms. Alka Sharma and Asha Rani. Ms. Lubna Ansari and Rakesh had asked the students to give their complaint in writing, but while matter was being investigated, deceased Asha Rani and Alka Sharma left the premises and when they did not return, ITI administration reported the matter to their parents. Otherwise also, allegation leveled by the students against Ms. Asha Rani and Alka Sharma have some merit and truth in the same as is evident from the recording of CCTV footage, wherein deceased Asha Rani and Ms. Alka Sharma, can be seen behaving indecently in the lab, where apart from above named two students, other students were also working/sitting at that relevant time.
::: Downloaded on - 04/04/2022 20:10:29 :::CIS 2416. Leaving everything aside, contents of the suicide note left .
behind by Ms. Asha Rani, if tested/analyzed in light of other material available/collected on record by the investigating agency, especially, statement made by the students of college, case of the prosecution is bound to fail and hence, no fruitful purpose would be served by allowing such proceedings to continue. To the contrary, petitioner would suffer irreparable loss, harassment and mental agony, if criminal proceeding in the present case, which is manifestly attended with malafide and has been maliciously instituted with an ulterior motive to settle personal scores, is allowed to continue.
17. Recently, the Hon'ble Apex Court in a case (Geo Varghese v.
STte 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 ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 25 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 ingredients of offence under section 306 IPC do not exist.
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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.
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 ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 26 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 "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."
18. Abetment is defined under Section 107 of IPC, which reads as under :-
::: Downloaded on - 04/04/2022 20:10:29 :::CIS 27"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."
19. 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 Vs. 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."
20. Hon'ble Apex Court in case of S.S.Cheena Vs. 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:
::: Downloaded on - 04/04/2022 20:10:29 :::CIS 28"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 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."
21. In the case of M. Arjunan Vs. State, Represented by its Inspector of Police (2019) 3 SCC 315, the Hon'lbe Apex Court has held as under: r "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."
22. The Hon'ble Apex Court in Ude Singh & Ors. Vs. 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 ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 29 proof of the act/s of incitement to the commission of suicide. In the case of .
suicide, mere allegation of 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.
23. 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 ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 30 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.
24. Having carefully perused material evidence available on record, this Court has no hesitation to conclude that evidentiary material on record, if accepted would not reasonably connect the petitioner with the crime. Neither there is sufficient evidence to conclude that on the date of the alleged incident, petitioner used abusive language with an intention to instigate the deceased Asha Rani to commit suicide, nor there is any material available on record that disciplinary action , if any, came to be taken by the administration of the college/ITI on the solitary complaint of the petitioner, rather majority of the students of electrician trade objected to the indecent behavior of the deceased Asha Rani and Alka Sharma, and demanded their rustication. It is also not in dispute that before action, if any, by the administration with regard to indecent behavior of the deceased, Asha Rani and Alka Sharma, could be taken by the college administration, deceased Asha Rani and Alka Rani left the college premises and thereafter deceased Asha Rani committed the suicide. This Court having perused material available on record finds that chances of ::: Downloaded on - 04/04/2022 20:10:29 :::CIS 31 conviction, if any, of the petitioner are very remote and bleak and in case, .
FIR sought to be quashed in the instant proceedings as well as consequent proceedings pending in the competent court of law are allowed to sustain, petitioner would unnecessarily be put to ordeals of protracted trial, which ultimately may lead to acquittal of the accused.
25. Consequently, in view of the detailed discussion made herein above as well as law laid down by the Hon'ble Apex Court, present petition is allowed and FIR No. 215 of 2019, dated 18.7.2019, registered at PS Nalagarh, under Section 306 read with Section 34 of IPC, as well as consequent proceedings, pending in the court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P are quashed and set-aside.
Accordingly, present petition is disposed of, so also pending applications, if any.
31st March, 2022 (Sandeep Sharma),
(manjit) Judge
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