The main legal point established in the judgment is the requirement for specific abetment with the intention to bring about the suicide of the person concerned, as contemplated under Section 306 of the IPC.

JUDGMENT

M. W. Chandwani, J. - Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

3. By this application, the applicants invokes the extra-ordinary jurisdiction of the Court under Section 482 of the Code of Criminal Procedure (Cr.P.C.) for quashing the First Information Report (FIR) No. 429/2019 registered at Police Station, Nandanwan, Nagpur for the offences punishable under Sections 306 and 506 read with Section 34 of the Indian Penal Code (IPC).

4. The facts, which lead to filing of the present application are stated thus:

Gopal Rampal Verma had committed suicide on 08.02.2019 and on the same day a case of accidental death came to be registered under Section 174 of the Cr.P.C. After more than three months, i.e. on 25.05.2019, uncle of the deceased lodged a report with Police Station, Nandanwan alleging that the deceased was having love affair with Ishika, which was not liked by her family members, therefore, family members of Ishika were looking for a suitable groom for her. On 08.02.2019, at about 10 a.m., the deceased was called at house of Ishika. The applicants who are maternal uncle, maternal aunt and sister of Ishika, respectively, threatened the deceased not to meet Ishika, otherwise they will rope him in false case. The applicants made Ishika tie 'Rakhi' on the hand of the deceased. Due to threatening by the applicants, the deceased committed suicide by hanging, leaving behind a suicide-note blaming the applicants responsible for his death. On these allegations, the aforesaid offences came to be registered against the applicants.

5. It is submitted on behalf of the learned counsel for the applicants that there is delay in lodging the FIR by the uncle of the deceased and they themselves were knowing that the applicants have not committed any offence. Merely, on the allegations of false implication in the offence, without there being any positive action on the part of the applicants, it cannot be said that they have abetted the commission of the offence and there is no act on the part of the applicants either of the instigation, conspiracy or aiding and therefore, there is no prima facie case against the applicants. According to learned counsel for the applicants, the registration of the present crime against the applicants itself is an abuse of process of law therefore, needs to be quashed.

6. Learned APP appearing on behalf of non-applicant no. 1 submits that the offence was registered against the applicants under Section 306 of the IPC on the basis of information given by the uncle of the deceased and the deceased also left a suicide-note blaming the present applicants responsible for his death and there were positive acts on the part of the applicants. Therefore, the application needs to be dismissed.

7. We have perused the FIR lodged, which reveals that the deceased had left behind a suicide-note blaming the applicants as responsible for his death. It is alleged in the FIR that the applicants asked deceased not to meet Ishika, otherwise they will framed him in false case. The applicants got 'Rakhi' tied on the hand of deceased by Ishika. According to prosecution due to these harassment, the deceased committed suicide.

8. For attracting Section 306 of the IPC, the prosecution has to show that there is abetment and pursuant to the said abetment, the deceased has committed suicide. The abetment is defined under Section 107 of the IPC. It will be apt to refer to Section 107 of the IPC, which reads as under:

107. Abetment of a thing.- A person abets the doing of a thing, who-

First.-Instigates any person to do that thing; or

Secondly.-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

Thirdly.-Intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1.-A person who, by wilful misrepresentation, or by w