For abetment of suicide under IPC, there must be clear evidence of instigation or aiding the act, which was not established in this case.

ORDER :

Since both the Criminal Petitions arose out of same Crime Number and the issue involved in both the cases is one and the same, they are being disposed of by this common order.

2. Criminal Petition No.2854 of 2021 is filed by the petitioner/A.1 under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.,) seeking to quash the proceedings in Crime No.41 of 2021 on the file of Anakapalli Town Police Station, Visakhapatnam District, registered for the offences punishable under Section 306 r/w 34 of IPC against the petitioner herein, while Criminal Petition No.3529 of 2021 is filed by the petitioner/A.2 seeking to quash the proceedings in Crime No.41 of 2021 on the file of Anakapalli Town Police Station, Visakhapatnam District, registered for the offences punishable under Section 306 r/w 34 of IPC against the petitioner herein.

3. Petitioners in both the Criminal Petitions are A.1 and A.2 respectively, who are arrayed as accused in Crime No.41 of 2021. The 2^nd respondent-de-facto complainant lodged a complaint before Anakapalli Town Police Station, alleging that her husband Surla Venkata Simhadri Appalanaidu @ Naidu was the Correspondent of Sri Venkateswara Vidyanikethan, Kundram Village of Anakapalli Mandal and he is living by running a school at Kundram Village. Due to pandemic of Corona Virus, the said school was closed and they left the village and started residing at Chinababu Colony, Anakapalli along with his mother. The husband of the 2^nd respondent-complainant is having some ancestral landed property at R.Bheemavaram village and due to some financial and family problems, he intended to sell the said land to clear off their debts, and accordingly, he proposed to sell their land. But, his brother Sri Surla Hema Sundara Rao and his mother Surla Chellayyamma did not agree for such proposal and objected for not selling his share of land and harassing him mentally and physically. Due to such unbearable harassment, the husband of the complainant vexed with his life committed suicide by hanging to a ceiling fan with the chunni on 30.10.2021 at 18.00 hours in a rented house at Chinababu Colony. On seeing the same, the complainant shouted loudly and neighbours came there and shifted him to NTR Hospital for treatment. During examination, the doctor declared him as died. Prior to the death, he recorded a voice message stating that his mother and his brother are responsible for his death as they are objecting for selling his share of land and forwarded the said message to their relatives through Whatsapp. Basing on the said complaint, a case in Crime No.41 of 2021 was registered for the offences punishable under Section 306 read with 34 of IPC.

4. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondents.

5. Learned counsel for the petitioners would contend that the petitioners in both the cases are innocent of the offence and they never committed any offence much less the alleged offence. The allegations made in the complaint are bereft of any ingredients to attract the offence alleged against the petitioners. He submits that the ingredients of Section 306 and 107 of IPC have not attracted to the petitioners, as the petitioners/A.1 and A.2 are neither abettors nor had any motive or intention for doing so. He further submits that even if the allegations in the complaint are taken to be true, it cannot be established that there is a nexus between the commission of suicide by the deceased and the alleged abetment by the petitioners/A1 and A2.The complaint does not disclose that prior to the alleged suicide, there was cruelty either orally or physically meted out by the deceased because of the acts of the petitioners/A.1 and A.2 and due to which the deceased had taken his life. As such, the ingredients of Section 306 IPC does not attract to the petitioners/A1 and A2. He further submits that as the ingredients of any offence as alleged are not attracted to the petitioners/