IMPORTANT POINT
Persistent harassment leading to suicide amounts to instigation.

JUDGMENT

Dr. B.S.Chauhan, J.-Leave granted.

2. This appeal has been preferred against the impugned judgment and order dated 5.1.2012 passed by the High Court of Uttarakhand at Nainital in Criminal Misc. Application No. 420 of 2006, by way of which the High Court dismissed the application under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’), filed by the appellant for the purpose of quashing the criminal proceedings, i.e. chargesheet No. 208/2005 and order of cognizance dated 28.4.2006 passed by the Chief Judicial Magistrate, Haridwar, filed upon an investigation conducted on the basis of FIR No.285 of 2005 (Crime No.258/2005) pertaining to P.S.: Ranipur, Haridwar.

3. The facts and circumstances giving rise to this appeal are as follows :

A. That, a First Information Report (hereinafter referred to as ‘FIR’) was lodged by one Ambreesh Singh, who is the brother of Anurag Singh, the deceased, alleging that the appellant had long been attempting to compel the deceased to indulge in several wrongful practices at the work place. The deceased was not comfortable with complying with such orders and as a consequence, the appellant started making illegal demands and as the same were not fulfilled, he began to harass and insult the deceased at the regular intervals. The appellant, in fact, on one occasion, disgraced the deceased in front of the staff of the entire factory, and told him that “had there been any other person in his place, he would have died by hanging himself”.

B. Anurag Singh talked to several of his family members on 6.10.2005 over the phone. They stated that he came across as highly perturbed and, hence, they tried to pacify him. However, owing to the constant humiliation and ill-treatment meted out to him by the appellant, Anurag Singh committed suicide on 7.10.2005.

C. On the basis of the said FIR, criminal proceedings were initiated and in the course of the investigation, the Investigating Officer found a suicide note which had been written by the deceased and upon reading this, it seems evident that he held the appellant responsible for his death, by way of committing suicide.

D. During the said investigation, the statement of various persons including that of the widow of the deceased, and also those of his other family members, were recorded and they all supported the version of events, as was given by the deceased in his suicide note which made it amply clear that according to him, the appellant was solely responsible for his death. Upon conclusion of the investigation, the police filed charge-sheet No.208/2005 on 5.11.2005 against the appellant under Section 306 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’).

E. Aggrieved, the appellant filed a Criminal Misc. Application No. 420 of 2006 under Section 482 Cr.PC. on 13.6.2006 for the purpose of quashing the said chargesheet, and also the other proceedings incidental thereto. The High Court granted stay of such proceedings, initiated on the basis of the said charge-sheet, as an interim measure. However, vide impugned judgment and order dated 5.1.2012, the said application was then dismissed. Hence, the present appeal.

4. Shri U.U. Lalit and Shri K.V. Vishwanathan, learned senior counsel appearing on behalf of the appellant, have submitted that the facts and circumstances of the present case do not actually make out any offence against the appellant as far as Section 306 IPC is concerned. They have submitted that, even if the allegations made out in the FIR/charge-sheet, are taken on their face value, and accepted in entirety, the same do not prima facie, constitute any offence against the appellant. In a case under Section 306/107 IPC, establishment and attribution of mens rea, on the part of the accused which caused him to incite the deceased to commit suicide is of great importance. The cruelty shown towards the deceased in such cases, must be of such magnitude, that it would in all likelihood, dr