2021 Supreme(SC) 542

SUPREME COURT OF INDIA
S. Abdul Nazeer, Krishna Murari, JJ.
Geo Varghese - Appellant
Versus
The State Of Rajasthan & Anr. - Respondents
Criminal Appeal No. 1164 OF 2021 (Arising out of S.L.P (Crl.) No. 4512 OF 2019)
Decided On : 05-10-2021

IMPORTANT POINTS
(1) Abetment of suicide – Act of death must be committed by deceased himself, irrespective of means adopted by him in achieving object of killing himself.
(2) Disciplinary measures adopted by a teacher or other authorities of a school, reprimanding a student for his indiscipline, would not tantamount to provoking a student to commit suicide, unless there are repeated specific allegations of harassment and insult deliberately without any justifiable cause or reason.

Headnote:

(A) Indian Penal Code, 1860 – Section 306 read with Section 107 – Abetment of suicide – Word suicide implies an act of ‘self-killing’ – Act of death must be committed by deceased himself, irrespective of means adopted by him in achieving object of killing himself – What is required to constitute an alleged abetment of suicide under Section 306 IPC is there must be allegation of either direct or indirect act of incitement to commission of offence of suicide and mere allegations of harassment of deceased by another person would not be sufficient in itself, unless, there are allegations of such actions on part of accused which compelled commission of suicide – If person committing suicide is hypersensitive and allegations attributed to accused is otherwise not ordinarily expected to induce a similarly situated person to take extreme step of committing suicide, it would be unsafe to hold accused guilty of abetment of suicide – What is required is an examination of every case on its own facts and circumstances and keeping in consideration surrounding circumstances as well, which may have bearing on alleged action of accused and psyche of deceased. (Paras 14 and 22)

(B) Indian Penal Code, 1860 – Section 306 read with Section 107 – Criminal Procedure Code, 1973 – Section 482 – Abetment of suicide – Criminal prosecution – It is a solemn duty of a teacher to instil discipline in the students – It is not uncommon that teachers reprimand a student for not being attentive or not being upto mark in studies or for bunking classes or not attending school – Disciplinary measures adopted by a teacher or other authorities of a school, reprimanding a student for his indiscipline, would not tantamount to provoking a student to commit suicide, unless there are repeated specific allegations of harassment and insult deliberately without any justifiable cause or reason – A simple act of reprimand of a student for his behaviour or indiscipline by a teacher, who is under moral obligations to inculcate good qualities of a human being in a student would definitely not amount to instigation or intentionally aid to commission of a suicide by a student – Corporal punishment to child is not recognised by law but that does not mean that a teacher or school authorities have to shut their eyes to any indiscipline act of a student – It is not only a moral duty of a teacher but one of legally assigned duty under Section 24 (e) of Right of Children to Free and Compulsory Education Act, 2009 to hold regular meetings with parents and guardians and apprise them about regularity in attendance, ability to learn, progress made in learning and any other act or relevant information about child – In First Information Report and as also statement of complainant recorded by police, no reasons or cause for appellant to harass and insult victim are spelled out nor there are any details with respect to any action on part of appellant by which deceased boy might have felt being harassed and insulted – Even suicide note does not attribute any act or instigation on part of appellant to connect him with offence for which he is being charged – Considering facts that appellant holds a post of a teacher and any act done in discharge of his moral or legal duty without their being any circumstances to even remotely indicate that there was any intention on his part to abet commission of suicide by one of his own pupil, no mens rea can be attributed – Very element of abetment is conspicuously missing from allegations levelled in FIR – In absence of element of abetment missing from allegations, essential ingredients of offence under Section 306 IPC do not exist – In absence of any specific allegation and material of definite nature, not imaginary or inferential one, it would be travesty of justice, to ask appellant-accused to face trial – A criminal trial is not exactly a pleasant experience and appellant who is a teacher would certainly suffer great prejudice, if he has to face prosecution on absurd allegations of irrelevant nature – High Court was not justified in dismissing application under Section 482 Cr.P.C. for quashing First Information Report in exercise of its inherent jurisdiction – Impugned judgment of High Court set aside and First Information Report quashed. (Paras 25 to 29, 32, 33, 41, 42 and 44)

(C) Criminal Procedure Code, 1973 – Section 482 – Constitution of India – Article 226 – Inherent Jurisdiction – Every High Court has inherent power to act ex debito justitiae i.e., to do real and substantial justice, or to prevent abuse of process of Court – Powers being very wide in itself imposes a solemn duty on Courts, requiring great caution in its exercise – Court must be careful to see that its decision in exercise of this power is based on sound principles – Inherent power vested in Court should not be exercised to stifle a legitimate prosecution – However, inherent power or extra-ordinary power conferred upon High Court, entitles said Court to quash a proceeding, if it comes to conclusion that allowing proceeding to continue would be abuse of process of Court, or ends of justice require that proceeding ought to be quashed. (Para 34)

Facts of the case:

Being aggrieved by the impugned judgment and order dated 30.04.2019 passed by the High Court of Judicature for Rajasthan at Jaipur dismissing the petition under Section 482 of the Code of Criminal Procedure seeking to quash the First Information Report dated 02.05.2018 registered as Case No. 162 of 2018 at Police Station Sodala, Jaipur City (South), the accused, a Physical Training Teacher in St. Xavier’s School, Nevta, Jaipur and also a member of the Disciplinary Committee for maintaining overall discipline by the students of the School, who is to face prosecution for offence under Section 306 Indian Penal Code, is in appeal.

Findings of Court:

We are conscious of the pain and suffering of the complainant who is mother of the deceased boy. It is also very unfortunate that a young life has been lost in this manner, but our sympathies and the pain and suffering of the complainant, cannot translate into a legal remedy, much less a criminal prosecution.

Result : Appeal allowed.