IMPORTANT POINT
To convict for abetment of suicide, there must be clear evidence of instigation or direct involvement in the act leading to suicide, which was absent in this case.

ORDER

1. Delay condoned. Leave Granted.

2. This Appeal arises from the judgment dated 29.07.2022 delivered by the High Court of Judicature at Madras in Crl. O.P. No.8327 of 2021. By the said judgment, the High Court has refused to quash the criminal proceedings initiated against the appellant under Sections 417, 306 of the Indian Penal Code [‘IPC’] read with Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002 [‘TNPHW Act’]. The substance of the allegation in the charge-sheet is as follows:

"The aggrieved party in this, Kousalya, aged 21, residing at Mariyamman Koil street, Vengathur colony, Tindivanam district had been living with her (sic.) parents. Kousalya, had studied B.A. History at Govindasamy Govemment Arts College, Tindivanam and at the time of the incident, she was at home. She had acquaintance with the accused, shown in column 11 and both loved each other. Both have had intercourse for so many times. In that stage for the said accused, at his home, they searched for alliance to him and knowing the fact when Kousalya enquired, he replied that since his younger brother and mother told that they would die, he accepted for the marriage. Because of this the said Kousalya was under severe mental tension, on 22.06.2019 at about 8.30 night, she (sic.) had taken the rat poison and had eaten. Kousalya informed this fact to her mother. On that day itself, Kousalya was brought to a private hospital at Rettanai and first aid was given and then she was brought to Government hospital, Mundiyampakkam through 108 ambulance and she had been under treatment for 5 days and then she was sent to Stanley medical hospital for further treatment, and on 04.07.2019 at about 04.20 a.m. without response to the medical treatment, she died.

The accused in this case, with the intention to cheat Kousalya, she had informed that he is loving her and changed her mind and had intercourse with her for so many times, thereafter refused to marry her, and thus induced the victim to commit suicide and thus he is responsible for the death of Kousalya, he is liable to be prosecuted under Sections 417, 306 r/w 4 of TPHW (sic.) Act.

3. The filing of the charge sheet led to the proceedings in P.R.C. No.24 of 2020 pending before the Learned Judicial Magistrate No.II, Tindivanam, Villupuram District. At that stage the Appellant filed a petition under Section 482 of the Code of Criminal Procedure [‘Cr.P.C.’] to quash the criminal proceedings. The Single Judge of the High Court dismissed the same and hence the appellant is before us.

4. The question for consideration is whether, taking the prosecution case as it is, any case for proceeding with the trial under Sections 306, 417 of IPC read with Section 4 of TNPHW Act is made out.

5. The undisputed facts as it emerges from the prosecution's story, as set out hereinabove, are as follows:

5.1. The Appellant and the deceased were on intimate terms and they fell in love in 2014.

5.2. Admittedly they had physical relationship out of the love they had for each other.

5.3. It appears that the appellant, when he got the job with the CRPF, left the town and even thereafter they were in touch with each other.

5.4. It is only when the marriage alliance was being broached at the house of the appellant and when his family started looking for a bride, the deceased appears to have become upset.

5.5. The deceased had inquired about this fact from the appellant. The appellant had replied that his mother and his younger brother have said that they would die and as such he acceded to their view. The appellant advised her that she should also act according to the words of her parents.

5.6. The deceased came under mental stress and on 22.06.2019 at about 08:30 PM, she ate rat poison kept in the bathroom of the house. Based on her statement, the First Information Report was lodged.

6. Having heard the learned counsel for the parties and having perused the material on record, we are of the opinion that none of the ingredients to the