Indian Penal Code, 1860
Sections 306 and 120-B—FIR—Abetment to suicide—Challenge—Quashing—Petitioners challenged FIR, registered for offences under Sections 306 and 120-B of IPC, related to allegations of—Grounds—Challenge—Petitioners argued that the deceased consumed poison on 24th May 2023 and survived until 21st June 2023, during which no FIR was lodged, suggesting the allegations are false—They also contended that even if FIR's contents were true, no offence of abetment to suicide was made out under Section 306 IPC—The State's status report indicated that the petitioners conspired to obstruct the transfer of property from the deceased to his daughter, leading to the deceased's suicide.[Criminal Procedure Code, 1973, Section 482]
[Para 4 & 5]
Section 306—Abetment of Suicide Section 306 IPC stipulates that abetment to suicide involves instigating or aiding the commission of suicide—For an offence under Section 306 IPC, there must be a clear intention [mens rea] and an act [actus reus] that directly or indirectly leads to suicide.
[Paras 8, 14]
Evaluation of Allegations
Court examined the allegations of harassment by the petitioners and found them insufficient to establish abetment to suicide, especially in the absence of proximate actions leading to the deceased's suicide.
[Para 15, 16]
Material from Investigation
Investigation revealed that the allegations of the petitioners wanting to grab the deceased's property were not factually supported, and the revenue records did not substantiate the claims of hindrance in property transfer.
[Para 17-19]
Absence of Proximate Actions
Court held that mere harassment due to a property dispute without specific proximate actions leading to suicide does not constitute abetment under Section 306 IPC
[Para 20]
Mens Rea
Lack of Guilty Mind—Court found no evidence of the petitioners' intention to abet the suicide, which is necessary to establish the offence under Section 306 IPC—Court concluded that continuing the criminal proceedings against the petitioners would be an abuse of the legal process, as the allegations did not disclose any criminal offence.
[Paras 21, 22]