Gujarat High Court
Dharamsinhbhai Taljabhai Desai vs State Of Gujarat on 5 May, 2026
NEUTRAL CITATION
R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (QUASHING) NO. 24488 of 2025
With
R/CRIMINAL MISC.APPLICATION NO. 24489 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE VIMAL K. VYAS Sd/-
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Approved for Reporting Yes No
✔
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DHARAMSINHBHAI TALJABHAI DESAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MAHESH POOJARA for MR ASHISH M DAGLI(2203) for the Applicant
MS KRINA P.CALLA, APP for the Respondent(s) No. 1
MR ABHISHEK K KHUMAN(12902) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 05/05/2026
ORAL JUDGMENT
1. RULE returnable forthwith. Learned APP Ms.Krina P.Calla waives service of notice of rule for and on behalf of the respondent no.1 - State and learned advocate Mr.Abhishek Khuman waives service of notice of rule for and on behalf of the respondent no.2 - original complainant.
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NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined
2. By way of preferring the present applications under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the present applicants (i.e. the original accused nos.2 and 3) seek to invoke the inherent powers of this Court, praying to quash and set-aside the order dated 03.09.2025 passed by the learned 4 th Additional Sessions Judge, Patan, below application Exhibit 6 in Sessions Case No.67 of 2022; as well as, the order dated 01.10.2025 passed below the Charge (Exh.9) in Sessions Case No.67 of 2022.
3. The impugned FIR bearing CR.No.11217020220277 of 2022 came to be lodged by the complainant (who is the sone of the deceased) against the present applicants-accused before the B-Division Police Station, Patan city, for the offences punishable under Sections 306, 506(1), 507 and 114 of the Indian Penal Code; as well as, under Sections 40 and 42 of the Gujarat Money-Lenders Act, 2011.
CASE OF THE PROSECUTION :
4. As per the case of the prosecution, the complainant, who is Page 2 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined the son of the deceased, had lodged the impugned FIR before the B-Division Police Station, Patan city, inter alia, stating that in the year 2017-2018, his father (i.e. the deceased) had taken a loan of Rs.1 lakh @ 10% interest from the accused no.1, Amratbhai Desai, and a loan of Rs.1 lakh @ 10% interest from the accused no.3, Dharamsinhbhai Taljabhai Desai. The complainant further stated that although the loan amounts were repaid by his father to the accused, they were still demanding more money and threatening to implicate him in cases under Section 138 of the Negotiable Instruments Act, by depositing the cheques given to them by his father towards the security of the loan amounts advanced to his father. It is alleged by the complainant that a day preceding the incident, i.e. on 06.04.2022 at around 9:27 a.m., the accused no.1 had called and threatened the complainant, demanding either to repay the debt or vacate the society. Therefore, the complainant had informed about the same to his father, who, in turn, told him that he has already repaid the entire amount to the accused persons, and they are mentally torturing him. It is alleged that due to the severe mental torture inflicted by the accused persons, his father committed suicide by consuming poisonous substance on 07.04.2022 at around 12:30 in the midnight. The Page 3 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined deceased was rushed to the hospital at Dharpur, where, he died during the treatment.
5. Heard learned advocate Mr.Mahesh Poojara for Mr.Ashish M.Dagli, learned advocate appearing for the applicants-accused, learned APP Ms.Krina P.Calla appearing for the respondent no.1
- State and learned advocate Mr.Abhishek Khuman appearing for the respondent no.2 - complainant.
SUBMISSIONS ON BEHALF OF THE APPLICANTS-ACCUSED :
6. At the outset, learned advocate Mr.Mahesh Poojara appearing for the applicants-accused has submitted that the matter has been settled between the parties and the complainant, namely, Parikshit Kanjibhai Rabari (i.e. the son of the deceased) has also filed an affidavit substantiating the said fact.
7. Learned advocate Mr.Poojara has submitted that the FIR lodged by the first informant is palpably false and there is not an iota of evidence to implicate the present applicants-accused with Page 4 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined the alleged offence. The prosecution has remained silent as to what had happened soon before the incident. Mr.Poojara has further submitted that the proximity between the alleged act of instigation by the applicants-accused and the commission of suicide by the deceased has not been proved. It is submitted that the postmortem report suggests that the deceased had died due to cardiac arrest and the viscera report shows no sign of any poisonous substance. Furthermore, except the statement of the complainant (who is the son of the deceased), there is no other evidence to implicate the present applicants with the alleged offence. It is, therefore, submitted that the complainant has made vague, omnibus and general allegations against the applicants-accused, and the FIR, even if it is considered at its face value, the same could not even establish the offence as alleged in the FIR.
8. Learned advocate Mr.Poojara, while taking this Court through the factual matrix of the case, has submitted that on bare perusal of the impugned FIR, it clearly appears that the sole allegation levelled against the present applicants is that they were demanding more money than the advanced amount paid by them to the deceased and threatening the deceased to implicate Page 5 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined him in cases under Section 138 of the Negotiable Instruments Act if the amount is not returned. It is submitted that there is no allegation against the present applicant that he had administered any threat to the deceased or had used abusive language or incited or provoked the deceased soon before committing suicide by the deceased. Furthermore, it has been submitted that though the statement of the wife and the daughter of the deceased, as well as, the statement of other witnesses, namely, Dharamshibhai, Jairambhai, Alkeshkumar, have been recorded, yet nowhere the same reflects any act of abetment by the present applicant-accused.
9. Learned advocate Mr.Poojara has further submitted that the present applicant and the deceased were known to each other, and since the deceased was doing fabrication work, the present applicant had engaged him to construct a shed for his cattle and made him an advance payment of Rs.6 lakh. But, since the deceased failed to complete the work, the applicant had demanded his money back. However, since the deceased was unable to return the money, he had issued cheques to the applicant towards security of the amount. However, as the deceased did not return the amount, the applicant had deposited Page 6 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined the cheques, which were subsequently dishonoured and, therefore, a complaint under Section 138 of the Negotiable Instruments Act was filed by the present applicant against the deceased for recovery of the amount, which came to be registered as Criminal Case No.3185 of 2021 pending before the learned JMFC, Patan, wherein, process came to be issued under Section 204 of the Code of Criminal Procedure on 15.04.2021.
10. Learned advocate Mr.Poojara has submitted that demanding one's legitimate dues cannot be considered as instigation to commit suicide within the meaning of Section 306 of the Indian Penal Code (corresponding Section 108 of the Bharatiya Nyaya Sanhita, 2023). Furthermore, it is submitted that the material on record contains no allegation of instigation, intentional aid, or active participation by the applicant to induce the deceased to commit suicide. Mr.Poojara has also submitted that the allegation of mental stress or financial pressure, without any direct and proximate act by the applicant, are not sufficient to constitute the alleged offence.
11. Learned advocate Mr.Poojara, while referring to the postmortem report, has submitted that the same indicates that Page 7 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined the deceased died due to the cardiac arrest, and as the viscera report shows no sign of any poisonous substance, it appears that the deceased died a natural death. Learned advocate has, therefore, submitted that the prosecution has not proved beyond reasonable doubt the essential ingredients of the offence punishable under Section 306 of the Indian Penal Code (corresponding Section 108 of the Bharatiya Nyaya Sanhita, 2023). He has further submitted that the record is conspicuously silent on the requisite elements of 'mens rea' and 'instigation' as mandated by Section 107 of the Indian Penal Code (corresponding Section 45 of the Bharatiya Nyaya Sanhita, 2023). Learned advocate Mr.Poojara has submitted that the plain reading of the FIR reveals that there was no direct or indirect nexus between the conduct of the applicant and the suicide by the deceased. Consequently, he has submitted that taking the allegations in the FIR stricto sensu and at face value, no cognizable offence is disclosed against the applicant.
12. Learned advocate Mr.Poojara has, therefore, urged that considering the aforesaid as well as considering the fact that the original complainant, who is the son of the deceased, has arrived at the settlement with the present applicant and has also filed an Page 8 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined affidavit to that effect, the present application may be allowed and the impugned FIR may be quashed and set aside. SUBMISSIONS ON BEHALF OF THE RESPONDENT-COMPLAINANT:
13. Learned advocate Mr.Abhishek Khuman appearing for the respondent - complainant has submitted that a settlement has been arrived at between the parties and the complainant, who is the son of the deceased, has also filed an affidavit dated 23.03.2026 substantiating the said fact. In the said affidavit, the complainant has unequivocally stated that he has paid Rs.1 lakh to the present applicant, which was borrowed by his father, and since the dispute has been resolved, he does not want to pursue further with the criminal proceedings filed against the applicant and has no objection if the application is allowed and the impugned FIR is quashed and set-aside.
SUBMISSIONS ON BEHALF OF THE RESPONDENT-STATE :
14. Per contra, learned APP Ms.Krina P.Calla appearing for the respondent - State has vehemently opposed the present Page 9 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined application and has submitted that the present applicants have been specifically named in the suicide note, and the CDR details corroborate with the allegations made by the complainant in the impugned FIR. She has, therefore, submitted that having regard to the gravamen and seriousness of the offence, the consent quashing would not be permissible. Learned APP Ms.Calla has further submitted that the evidence on record clearly establishes the complicity of the present applicant in the alleged offence.
While taking this Court through the factual matrix of the case, learned APP Ms.Calla has submitted that due to the mental torture exerted by the applicant upon the deceased in demanding the money, the deceased had committed suicide by consuming poisonous substance. Learned APP Ms.Calla has submitted that even prior to the occurrence of the incident, the deceased was staying disturbed and in a tense state of mind. She has, therefore, submitted that considering the aforesaid, no doubt, there appears complicity of the present applicant in the alleged offence. Hence, she has prayed that the present application may not be entertained and the same may be rejected.
15. This Court is conscious of the fact that in such type of Page 10 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined serious offences, the FIR cannot be quashed only on the basis of the consent and the court has to consider the merits of the case and to form an opinion, whether the ingredients of Section 107 are attracted or not ? In other words, by examining the materials on record, the court would require to form an opinion, whether, there is a prima facie case against the present applicant-accused, which requires a full-fledged trial.
16. It is settled that to attract Section 107 of the IPC, the accused must have mens rea to instigate the deceased to commit suicide. The act of instigation must be of such intensity that it is intended to push the deceased to such a position under which he has no choice but to commit suicide. Such instigation must be in the close proximity to the act of committing suicide. It appears from the materials on record that there is no allegation against the present applicants that they had administered any threat to the deceased or had used abusive language or incited or provoked the deceased soon before committing suicide by the deceased. No doubt, there is a suicide note by the deceased and the present applicants have been named; but, it prima facie appears from the postmortem report that the deceased died due to the cardiac arrest and the viscera report shows no sign of any Page 11 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined poisonous substance. It is the case of the prosecution, as per the impugned FIR, that the present applicants were demanding more money than the advanced amount paid by them to the deceased and threatening the deceased to implicate him in cases under Section 138 of the Negotiable Instruments Act if the amount is not returned; however, it appears from the materials on record that the applicants had already deposited the cheques in the year 2021 itself, and following their dishonour, a complaint under Section 138 of the Negotiable Instruments Act was filed, and a case is currently pending.
17. At this juncture, I may refer to the decision of the Supreme Court in case of Shenbagavalli and others vs. Inspector of Police, Kancheepuram District and another, reported in 2025 INSC 607, wherein the Supreme Court held as under :-
"15. Section 306 requires a person having committed suicide as a first requirement but for abetment of such commission, which is essential, the ingredients must be found in Section 107 IPC. The requirement of abetment under Section 107 IPC is instigation, secondly engagement by himself or with other person in any conspiracy for doing such thing or act or a legal omission in pursuance to that conspiracy and thirdly intentionally aids by any act or an illegal omission of doing that thing. In large number of Page 12 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined judgments of this Court it stands established that the essential ingredients of the offense under Section 306 IPC are (i) the abetment; (ii) intention of the accused to aid and instigate or abet the deceased to commit suicide. Merely because the act of an accused is highly insulting to the deceased by using abusive language would not by itself constitute abetment of suicide. There should be evidence suggesting that the accused intended by such act to instigate the deceased to commit suicide. [M.Arjunan vs. State represented by its Inspector of Police, (2019) 3 SCC 315]
16. Similarly, in the case of Ude Singh and Others vs. State of Haryana, (2019) 17 SCC 301 it has been observed in para 16 as follows :-
"16. 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 behaviour 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 harassment of the deceased by another person would not suffice unless there be such Page 13 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined 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.
16.1. For the purpose of finding out if a person has abetted commission of suicide by another, the consideration would be if the accused is guilty of the act of instigation of the act of suicide. As explained and reiterated by this Court in the decisions above referred, instigation means to goad, urge forward, provoke, incite or encourage to do an act. If the persons who committed suicide had been hypersensitive and the action of the accused is otherwise not ordinarily expected to induce a similarly circumstanced person to commit suicide, it may not be safe to hold the accused guilty of abetment of suicide. But, on the other hand, if the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four corners of Section 306 IPC. If the accused plays an active role in tarnishing the self-esteem and self- respect of the victim, which eventually draws the victim to commit suicide, the accused may be held guilty of abetment of suicide. The question of mens rea on the part of the accused in such cases would be Page 14 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined examined with reference to the actual acts and deeds of the accused and if the acts and deeds are only of such nature where the accused intended nothing more than harassment or snap show of anger, a particular case may fall short of the offence of abetment of suicide. However, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide. Such being the matter of delicate analysis of human behaviour, each case is required to be examined on its own facts, while taking note of all the surrounding factors having bearing on the actions and psyche of the accused and the deceased.
17. These being the essential ingredients for the offence of abetment to suicide, and the said ingredients having not been fulfilled, the further continuation of proceedings would not be sustainable. The other evidence such as statements, sought to be relied upon by the prosecution, apart from the suicide note, does not in any manner advance the case of the prosecution, particularly when the foundation of the case is the suicide note itself. With the very element of abetment conspicuously absent from the allegations made in the FIR which is primarily based upon the suicide note, the essential requirements for constituting an offence under Section 306 IPC remain unfulfilled. As such, the continuation of the criminal proceedings initiated against the Appellants would amount to an abuse of the process of law. The Court cannot Page 15 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined permit such proceedings to degenerate into instruments of harassment or unjust prosecution.
18. The Court would not hesitate to exercise its extraordinary powers which are inherent to quash such proceedings when it comes to fore, and the court is satisfied that allowing the proceedings to continue would be an abuse of process of Court or that the ends of the justice require that the proceedings ought to be quashed. Reference in this regard may be made to the Judgment of this Court in Geo Varghese vs. State of Rajasthan and Another, (2021) 19 SCC 144."
CONCLUSION :
18. Having carefully examined the materials on record, this Court finds that the panchnama carried out by the police did not disclose presence of any bottle or article containing poisonous substance at the scene of the offence or on the deceased's person. Moreover, there is no documentary evidence indicating that the deceased had purchased or possessed any poisonous substance. Apart from the phone call received by the complainant, there is no evidence on record to suggest that the applicants had enticed, instigated, provoked, or threatened the Page 16 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined deceased to commit suicide. Admittedly, there is no phone call recording or CDR on record. Furthermore, the postmortem report suggests that the deceased had died due to cardiac arrest and the viscera report shows no sign of any poisonous substance. Even, the statements of the deceased's wife, daughter, and other witnesses, namely, Dharamshibhai, Jairambhai, and Alkeshkumar, do not suggest any act of abetment by the present applicants-accused. Prima facie, it appears that the allegations levelled against the present applicants-accused that they were threatening the deceased to implicate him in cases under Section 138 of the Negotiable Instruments Act are far from the truth as there is no corroborative piece of evidence on record. Considering the FIR on a demurrer and at its highest, it prima facie appears that the ingredients of Sections 306 and 107 of the Indian Penal Code are not attracted.
19. This Court is quite conscious of the fact that the power conferred under Section 482 of the Code of Criminal Procedure, 1973 (corresponding Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023), is extraordinary, and it should be used sparingly, as the exercise of such power would scuttle the Page 17 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/24488/2025 JUDGMENT DATED: 05/05/2026 undefined FIR at the threshold. But, if the FIR fails to make out essential ingredients of the offence, the power should be exercised. Upshot of the above discussion, the present application deserves consideration.
20. In the result, the present applications are allowed. The order dated 03.09.2025 passed by the learned 4th Additional Sessions Judge, Patan, below application Exhibit 6 in Sessions Case No.67 of 2022; as well as, the order dated 01.10.2025 passed below the Charge (Exh.9) in Sessions Case No.67 of 2022, are hereby quashed and set-aside qua the present applicants. All consequential proceedings arising pursuant thereto are also quashed and set-aside.
21. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J.) /MOINUDDIN Page 18 of 18 Uploaded by M.A. SAIYED(HC00172) on Tue May 05 2026 Downloaded on : Tue May 05 23:07:48 IST 2026