To establish an offence under Section 306 IPC, specific evidence of instigation or intent to aid suicide is essential; absent such evidence, proceedings can be quashed.

JUDGMENT/ ORDER :

The instant petition under Section 482 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.'), has been filed by the petitioners/accused Nos.1 and 2, seeking quashment of proceedings against them in Crime No.258 of 2020 on the file of Chebrole Police Station, West Godavari District, which was registered for the offences punishable under Section 306 read with 34 of the INDIAN PENAL CODE , 1860 (in short, 'I.P.C.').

2. The facts of the case, in brief, are as follows :

(a) Respondent No.2 herein has two sons. Her elder son namely Nanaji (hereinafter referred to as 'the deceased') and the petitioner/accused No.1 herein loved each other. As the family of the petitioner/accused No.1 has not consented for the marriage, they both married and have been residing with respondent No.2.

(b) That being so, one week prior to lodging of the complaint, the family members of accused No.1 phoned the deceased stating that the grandfather of accused No.1 was suffering from ill-health and to send accused No.1 to see him. However, accused No.1 refused to go there.

(c) On 27.08.2020 as the grandfather of accused No.1 died, the deceased and his father took accused No.1 to her parental home and the relatives of accused No.1 stated that they would send her after two days. Accused No.1 used to speak with the deceased for two days. However on 30.08.2020, the deceased received a message from accused No.1 stating that she has no relation with the deceased. Since then, the deceased having suffered mental agony, on 31.08.2020 at about 4.30 p.m., consumed pesticide and committed suicide, by informing the same to friend Nagaraju. While undergoing treatment in Vaishnavi Hospital, he died on 02.09.2020 at about 3.00 a.m.

(d) Based on the complaint lodged by respondent No.2, a case in Crime No.258 of 2020 on the file of Chebrole Police Station was registered initially under Section 174 Cr.P.C. Subsequently, the Section of Law was altered from Section 174 Cr.P.C. to Section 306 read with 34 IPC against the petitioners/accused Nos.1 and 2.

(e) Aggrieved thereby, the petitioners filed the present petition, seeking quashment of the proceedings against them.

Arguments Advanced at the Bar

3. Heard Sri Kambhampati Ramesh Babu, learned Counsel for the petitioners, Sri Y. Sudhakar, learned Counsel for respondent No.2 and Ms. D. Prasanna Lakshmi, learned Assistant Public Prosecutor representing the State/respondent No.1.

4. Learned Counsel for the petitioners would submit that petitioner No.1/accused No.1 is the wife of the deceased and petitioner No.2/accused No.2 is the maternal uncle of accused No.1. Learned Counsel would further submit that the mother of the deceased has given the complaint to the Police, wherein there are no allegations attributed against the petitioners making them responsible for the death of her son. It is alleged that, on receipt of a message from his wife i.e., petitioner/accused No.1 that she had no relation with him, the deceased committed suicide by consuming pesticide. Learned Counsel would submit that, the marriage between the deceased and accused No.1 is a love marriage, which had taken place two months prior to the alleged incident. Learned Counsel would further submit that, initially, respondent No.2 gave a complaint on 02.09.2020 at 8.00 a.m., based on which the present crime has been registered under Section 174 Cr.P.C., and after few days i.e., on 15.09.2020 she submitted another report with several embellishments. Learned Counsel would submit that, the allegations levelled against the petitioners wou