J.B. Pardiwala, J.

1. By this application under section 482 of the Code of Criminal Procedure, 1973, the applicants-original accused Nos. 1 and 2 seek to invoke the inherent powers of this Court praying for quashing of the proceedings of Sessions Case No. 71 of 2016 pending in the Court of the learned 6th Additional District & Sessions Judge, Anjar-Kachchh arising from F.I.R. Being C.R. No. I-91 of 2016 registered with the Anjar Police Station for the offences punishable under section 306 read with 114 of the Indian Penal Code.

The case of the prosecution may be summarized as under.

2. The deceased, by name, Rajeshbhai Lagdhirbhai Lamba was married to applicant No. 1 herein, past 15 years. In the wedlock, a son, named, Shubham, was born. At the time of the incident, Shubham was aged 4 years. It appears that soon after the marriage matrimonial disputes cropped up between the deceased and his wife. On 20.03.2016, the deceased had attempted to commit suicide by consuming acid. He was immediately shifted to the hospital by his father for medical treatment. On the very same day, his dying declaration came to be recorded by the Deputy Mamlatdar and the Executive Magistrate, Rajkot. In the dying declaration, he stated that he consumed acid on account of mental harassment caused by his wife, viz. applicant No. 1 herein. He also stated that his wife-Dakshaben and her paramour, by name, Devubha, viz. applicant No. 2 herein frequently visited his house and created ruckus. It also appears that on 20.03.2016, the Police recorded the statement of the deceased. The statement reads as under:

"I am residing with my father. I am earning my livelihood working as a driver. I got married to Dakshaben about 15 years back and I have a son, by name, Shubham, aged 4 years, as on date. My wife used to leave the matrimonial home frequently. As my wife used to leave matrimonial home, the same used to lead to disputes in the house. Past two months my wife is residing separately at Sonalnagar. I am staying with my father. Yesterday, i.e. on 19.03.2016 at about 06.30 PM when I was returning home from my work, I met my wife. I had a talk with her. She told me that she had illicit relations and she would continue with such illicit relations. She also said that she wanted to dissolve the marriage. She said that she was in illicit relations past 15 years. I thereafter, went to a shop and purchased a bottle of acid and consumed the same. I called up my father and informed him that I had consumed acid. My father reached home and shifted me to the Hariom Hospital at Adipur. My father thereafter, admitted me in Wockhard Hospital. I am fully conscious. I attempted to commit suicide by consuming acid as I got disturbed because of the illicit relations of my wife and frequent quarrels at the matrimonial home."

3. It appears from the materials on record that on 05.04.2016 the deceased passed away. In such circumstances, the father registered the F.I.R. against two applicants herein for the offence punishable under section 306 read with section 114 of the IPC. In the F.I.R. the first informant has alleged that the applicant No. 1 used to cause lot of mental harassment to his son, i.e. the deceased on account of her illicit relations with the applicant No. 2 herein. At the end of the investigation, the Police filed charge sheet and filing of the charge sheet culminated in the Sessions Case No. 71 of 2016 in the Court of the learned 6th Additional District & Sessions Judge, Anjar-Kachchh.

4. Mr. Darshan M. Varandani, learned counsel appearing for the applicants submitted that even if the entire case of the prosecution is believed or accepted to be true, none of the ingredients to constitute the offence of abetment are spelt out. According to the learned counsel, the illicit relations of the applicant No. 1 with the applicant No. 2 by itself would not amount to abetment or mental cruelty. The deceased and his wife were not getting along well past couple of years and th