The main legal point established in the judgment is the requirement of active complicity and substantial assistance for abetment under Section 306 IPC.

( 1 ) THE Petitioners seek quashing of the proceedings for the offence under Section 306/34 IPC in FIR No. 262/97, PS Vasant Vihar, New Delhi. Information was received at PS Vasant Vihar, New Delhi through PCR on 13. 6. 1997 which was registered as DD No. 22-A at 1606 hrs. that the body of Pawan kumar was hanging from a tree in C Block Jungle side Vasant Vihar. On receipt of copy of this DD entry, SI Shailender Singh reached the spot and found the dead body hanging with lungi tied around his neck. After completing inquest proceeding, the dead body was sent for postmortem. Postmortem was conducted on 14. 6. 1997. The postmortem doctor had opined that it was a suicidal death due to hanging. No FIR was registered and thereafter Ram Singh, father of the deceased, r/o House No. 143, harijan Basti, Vasant Vihar made a report to the SDM concerned on 28. 6. 1997 which on translation is to the following effect:-

". . . . . I am employed as Sweeper in MCD. My son Pawan Kumar was also employed as Sweeper in MCD and was attached to the office at Sector XII r. K. Puram Market. That on 9. 6. 1997, on coming home in the evening, my son told that he had a quarrel with his Asstt. Sanitary Inspector Hari prakash Sharma. He told that Laxmi, another lady sweeper was having illicit relations with Hari Prakash Sharma. My son had asked the said lady to stop her illicit relations with Hari Prakash. On 9. 6. 1997 when my son had gone to attend the office said Laxmi Sweeper had^taken him inside the office. Hari Praiv^h was already present with some boys who gave beatings to my son. Thereafter, Pawan Kumar became mentally disturbed. I tried to coun- sel him. Hari Prakash was harassing my son for some time. I had also 2-3 times tried to counsel Hari Prakash Sharma but to no ^effect. Today on 13. 6. 1997 my son Pawan Kumar with his wife had gone to his office. There hari Prakash rebuked them saying that by my son complaining to his wife about his relations with Laxmi, his wife had died and he will not keep Pawan Kumar in service and will not spare him. At this, my son and his wife returned home. My son went out in the afurnoon after taking meals and later we came to know that my son had committed suicide. Hari Prakash sharma and Laxmi had conspired and compelled my son to commit suicide. Action may be taken against them. "

( 2 ) THE SDM with his endorsement that a case for abetment to suicide be registered and the matter investigated thoroughly sent the same to the SHO, Vasant Vihar. The sho got the FIR registered on 28. 6. 1997 at 5. 40 P. M. Investigation was ntrusted to SI puran Chand who made investigation and also recorded further stai^ments of wit- nesses including that of Smt. Rajni Devi, wife of the deceased Pawan Kumar who cor- roborated the facts stated by Ram Singh in the FIR. A suicide note to the similar ef- fect is also alleged to have been recovered from his house. After completion of the investigation, a report under Section 173 Cr. P. C. that a case under Section 306/34 IPC was made Out was submitted to the Magistrate who took cognizance, summoned the accused and in due course committed the case to the Sessions Court. In the meantime, (he present Petition under Section 482 Cr. P. C. has been filed by the Petitioners to quash the FIR and prosecution on the ground that on the material on record no case is made out for proceeding against them.

( 3 ) LEARNED counsel for the Petitioners had read the material available on record and has contended that there is no evidence from which it could be inferred that a case under Section 306/34 IPC was made out against the Petitioners. He had relied on some case law and has contended that the FIR and the proceedings be quashed. Learned counsel for the Respondent has contended on investigation prima facie case is made out. The M. M. has taken cognizance and commuted the case to the Session judge. It will be for the Sessions Judge to proceed under Section 227 or 228 of the cr. P. C. In the cir