Abetment of suicide under Section 306 IPC requires a clear mens rea and an active act or direct act leading the deceased to commit suicide.

JUDGMENT

D. Ramesh, J. - This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the charges in S.C. No. 515/2021 against the petitioners on the file of the II Additional Senior Civil Judge, Guntur for the offence punishable u/Sections 323, 504, 306 r/w 34 IPC.

2. 1st petitioner studied in Vision School. According to the complaint 1st petitioner studied in Vision school and the son of the defacto complainant had acquired job and the 2nd petitioner instigated the 1st petitioner to bet her son and accordingly, the 2nd petitioner who is the father of the 1st petitioner instigated his daughter to beat Fardhin Vali with chappal, since then he was under depression and inactive. Thereby they have threatened for lodging a complaint in police station by coming to their house. Due to which, the complainant's son committed suicide by hanging on 20.12.2020 at about 1 p.m. Accordingly, she made a complaint to initiate action against the petitioners and basing on the said complaint, the respondents have registered F.I.R. No. 1132/2020 dated 20.12.2020 under sections 306 r/w 34 IPC against the petitioners 1 and 2 and accordingly, the respondents have investigated and laid charge sheet and the same was numbered as Sessions Case No. 515/2021 on the file of the learned II Additional Senior Civil Judge, Guntur.

3. Learned counsel appearing on behalf of the petitioners have submitted that the complaint itself is not maintainable in view of the observations made by the Hon'ble Apex Court, as such the ingredients of Section 306 IPC would not attract to the instant case. Though the deceased is harassing the 1st petitioner, the same was brought to the notice of the defacto complainant and in fact defacto complainant herself has stated in a telephonic conversation requesting the 2nd petitioner to file a police complaint.

4. To support his contention, he has also placed voice record statement along with present petition. On perusal of the voice record conversation happened on 18.12.2020 which clearly discloses that the defacto complainant has submitted that the action of the son of the defacto complainant against the girls is not tolerable and she requested that with the actions of the son she is getting blood pressure and she herself stated that it is better to make a complaint to police or elders.

5. At the time of arguments, twice time is granted to the counsel for the defacto complainant with regard to correctness of the voice record conversation though they have not denied about the said conversation but the counsel has submitted that it cannot be taken into consideration.

6. On perusal of the record and after hearing both sides, it is a fact that some incidents were happened. But fact remains that even before the said incidents, the issue was brought to the notice of the defacto complainant through phone and she also acceded to the acts of the deceased.

7. Learned counsel further submitted that even according to Section 161 Cr.P.C. statements recorded by the police it clearly indicates that the ingredients of Section 306 IPC would not attract in the instant case. To support his contention, learned counsel for the petitioner has relied on a judgment of the Hon'ble Apex Court reported in between Geo Varghese vs. State of Rajasthan & Anr., Criminal Appeal No. 1164 of 2021 in which it is recited that:

'Insofar, as the suicide note is concerned, despite our minute examination of the same, all we can say is that suicide note is rhetoric document, penned down by an immature mind. A reading of the same also suggests the hypersensitive temperament of the deceased which led him to take such an extraordinary step, as the alleged reprimand by the accused, who was his teacher, otherwise would not ordinarily induce a similarly circumstanced student to commit suicide'

And in another judgment of the Hon'ble Apex Court reported in between Kanchan Sharma vs. State of Uttar Pradesh & Anr., Criminal Appeal No. 1022 of 2021

 wherein the Hon'ble Apex Court ha