Indian Penal Code, 1860
Section 306—Abetment of suicide—Prayer to quash final report—Filing a complaint before a lawful authority cannot amount to instigation or abetment of suicide, as the intention in filing the complaint is not to instigate or goad the deceased to commit suicide—Final report does not indicate that by filing a complaint before police station against the deceased, the accused had intended that the deceased should commit suicide—In the absence of any material indicating an intention on the part of accused to instigate the deceased to commit suicide, prosecution of the petitioners is an abuse of the process of the court—Final report quashed as prayed for.
[Paras 5 & 7]
Decision : Petition allowed