IMPORTANT POINT
Abetment of suicide – In order to convict a person for offences under Section 306 IPC, basic and essential ingredients of offence, whether death was suicidal and whether there was abetment and instigation on part of accused as contemplated in Section 107 IPC have to be established.

JUDGMENT (CAV)

Draft amendment supplied in Criminal Misc. Application No.6042/2019 is allowed. To be carried out forthwith.

2. As in both these applications, challenge is for the impugned FIR lodged against the applicants, both these applications are heard together and are being decided by this common judgment.

3. By way of present applications under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC” for short), the applicants have prayed for quashing and setting aside the FIR being C.R. No.I-11/2019 registered with ‘B’ Division Police Station, Rajkot City for the offences under Sections 306, 504 and 114 of the Indian Penal Code (hereinafter referred to as “IPC” for short”) and the proceedings arising out of the impugned FIR.

4. Heard learned advocate, Mr. Premal Rachh for the applicant in Criminal Misc. Application No.1595/2019, learned advocate, Mr. Nandish Thackar for the applicant in Criminal Misc. Application No.6042/2019, learned APP Mr. Trupesh Karathiya for the respondent no.1 – State of Gujarat and learned advocate, Mr. Rajesh P. Raval for the respondent no.2 – Original Complainant.

5. The gist of the FIR is that,

The brother of the original complainant (Prakashbhai – the deceased) married with one Shitalben (the accused no.2) as per Hindu rites and rituals seven years prior to registration of the FIR and out of said wedlock, they have been blessed with two children, one son viz., Prince aged about 4 years and 6 months and one daughter viz., Drashti aged about 2 years and 3 months at the time of alleged incident, however, the accused no.2 left her matrimonial house and, thereafter, filed an application for maintenance, at that time, son was with the deceased, whereas daughter was with the accused no.2 and in the proceedings of maintenance, an order of Rs.7,000/- was passed by the court concerned but the deceased could not be able to pay the said maintenance amount and to meet with the same, the deceased had borrowed money and paid to his wife (the accused no.2) and her advocate (the accused no.3). It is alleged that for the purpose of settlement, the accused have demanded Rs.7,00,000/- from the deceased and also administered threats. It is alleged that on 21.01.2019, the deceased left the house by saying that he is going to settle the issue and bring his wife and daughter at home but at the parental house of the accused no.2, the deceased had consumed some poisonous substance and tried to commit suicide and, hence, he was taken to hospital, where during the course of treatment, he died. These are the sum and substances of the FIR.

6. Learned advocate, Mr. Premal Rachh appearing for the applicant in Criminal Misc. Application No.1595/2019 submitted that the impugned FIR filed against the applicant is nothing but an abuse of the process of law and none of the ingredients of alleged offences are made out against the applicant inasmuch as the key elements of abetment for suicide are missing and, hence, the impugned FIR may be quashed and set aside. Learned advocate submitted that there is delay of two days in registration of the impugned FIR and it is an afterthought, which clearly goes on to show that the applicant is wrongly arraigned as accused and in support of this submission, learned advocate has put reliance upon the decision of this Hon’ble Court in case of Arvindbhai Maganlal Master Vs. State Of Gujarat, reported in 2015 (1) GLH 149. Learned advocate submitted that the applicant is an advocate by profession, who is conducting the case of the wife, who had filed an application for maintenance against her husband (the deceased) and being a lawyer, she had discharged her duty by giving legal advice to her client, which she had done and only because of said act of the applicant to give legal advice to her client, she has been arraigned by the complainant as his brother had committed suicide. Learned advocate submitted that the applicant is a lawyer by profession and she is authorize