Indian Penal Code, 1860
Section 306—Abetment of suicide—Petition to quash order taking cognizance of offence, charge-sheet and all consequent proceedings—In the absence of exact conversations that had taken place between deceased and petitioner on that fateful night, crucial element of offence punishable under Section 306 IPC i.e. mens rea to commit offence of abatement of suicide on the part of the accused, which requires commission of direct or active act by the accused which led deceased to commit suicide seeing no other option and such act must be intended to push the victim to a point of no return and she commits suicide are clearly missing in the facts of case—Act of entering into engagement with deceased by the petitioner with reluctancy to marry her alone cannot be made a penal offence, much less under Section 306 IPC—Reluctance to give irrevocable commitment for life-time and to take responsibility cannot culminate into mens rea to commit a criminal offence—Admitted case of prosecution that breaking of the engagement with another boy also contributed to the mental stress and agony of the deceased for which the petitioner cannot be blamed for—Order taking cognizance of offence, charge-sheet and all consequential proceedings are quashed—Petition allowed.
[Paras 14 to 16]