The main legal point established in the judgment is that vague and general allegations in a suicide note may not amount to instigation or intentional aid for the offence under Section 306 IPC. Additionally, the significance of compromise in modern society and the paramount wellbeing of the minor child were emphasized.

ORDER

Rajnish Bhatnagar, J. - This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 13/2020, under Sections 498A/306/201 read with Section 34 of Indian Penal Code 1860, registered at Police Station- Prashant Vihar, Delhi, and all proceedings emanating therefrom.

2. In brief the facts of the case are that on 12.02.2010, the marriage between the petitioner no.l and Late Mrs. Prachi Vij was solemnized and on 18.03.2013, Master Kenit Vij was born out of the wedlock. On 31.12.2019, Late Mrs. Prachi Vij was found dead and a suicide note was recovered, wherein, allegations were levelled against the petitioners, namely, Gaurav Vij (husband) of deceased and Neeta Vij (mother-in-law) of deceased. On 02.01.20, postmortem was conducted, wherein, it was opined that the death of the deceased was caused due to combined effect of asphyxia and venous congestion on the neck as a result of anti-mortem ligature hanging. The impugned FIR had been registered pursuant to the complaint dated 10.01.2020, that was filed ten days after the death of Late Mrs. Prachi Vij, by Respondent no. 2 (sister) of the deceased against the petitioners, under the belief that the petitioner no. 1 (husband) of deceased and petitioner no. 2 (mother-in-law) of deceased had subjected the deceased to mental and physical torture, thereby, instigating her to commit suicide. Consequently, during the pendency of the trial, the parties have settled the matter amicably in terms of the MOU/Settlement Deed dated 25.01.2021. Copy of the said settlement is placed on record.

3. Ld. counsel for the petitioners submitted that settlement has been arrived in this matter between the parties. The offence originally was registered in FIR No. 13/2020 under Sections 498A/306/34 IPC. Subsequently, the charge sheet came to be filed wherein Section 201 IPC was added and in the supplementary charge sheet Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 was also added. Pursuant to the reconciliation between the parties and primarily in interest of minor child, the settlement was arrived. Ld. counsel for the petitioners further submitted that the suicide was committed nearly ten years after the marriage. The cognizance has been taken, summons issued but the matter has not proceeded any further. It is also submitted that the connected FIR No. 464/20 under Sections 420/467/471 IPC was quashed between same parties owing to the settlement deed dated 25.01.2021 by the Court of H.M.J. SureshKaiton 13.05.2021.

4. Ld. counsel for petitioners also submitted that a few observations which can be drawn from the suicide note of the deceased are that this was a marriage of nearly a decade, there is no specific incident of harassment or of any such harassment which would have led her to commit suicide, no specific date or time is given and the admitted case of prosecution is that both husband and wife had been consulting a marriage counsellor and psychiatrist.

5. He further submitted that the complainant has placed printout of conversation of deceased and Ravikunj, friend of petitioner no. 1, wherein, deceased talked about harassment by petitioner no. 1 and also, produced video footage wherein, petitioner No.l seems to be coming out of crime scene with heavy articles in his hand showing that he is trying to destruct evidence. However, the admitted case being that post 25.12.2019, petitioner no.l was residing with his mother/petitioner no.2, who resides in same compound but in a different flat. On the day of the incident, he was not residing with deceased since last five days and when he came to the house, he discovered that his wife Late Mrs. Prachi Vij had hung herself and committed suicide. Clothes of deceased were recovered, means by which she committed suicide was also recovered. What these heavy articles are is not mentioned anywhere and is simply an assumption that something is being taken out of the house, hence, the offence under Section 201 IPC is committed.

6. He furthe