IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Anuj Hemantbhai Bhatt – Appellant
Vs.
State of Gujarat and Ors. – Respondents
Criminal Misc. Application (For Quashing & Set Aside FIR/Order) No. 13397 of 2015, Criminal Misc. Application No. 13957 of 2015 and Criminal Misc. Application No. 15380 of 2015
Decided On : 05-05-2017
Criminal Law – Criminal Trial – Criminal Procedure, 1973 – Section 482 – Indian Penal Code, 1860 – Sections 306 r/w. 114 – Offence of Abetment of suicide – Suicide – Seeking quash of proceedings – Appellant contended that my son has committed suicide by hanging himself from fan with the help of bed-sheet in room of the first floor – Therefore, me and my wife immediately came to the house of my brother in law. That my son Dhruv by that time was taken in 108 Ambulance to Jeevan Jyot Hospital and the doctor had declared him as dead – Rule returnable forthwith – Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent - State advocate waives service of notice of rule for and on behalf of respondent No. 2-original first informant – Held, The definition of abetment has three clauses, and if an act of a person falls within the purview of any of them it would amount to abetment – The first and second clauses are not germane in this context and hence the third clause is reproduced here. A person abets the doing of a thing who intentionally aids, by any act or illegal omission, the doing of that thing – Commission of the act must be the dominant intention of the person who aids it. Then only it can be said that he "intentionally" aided it – If there is community of interest between the aiding person and the one who commits the offence, there is possibility to draw the inference that the dominant intention was to aid the doing of that particular act – If the person only knows or has only the reason to believe that his act would facilitate the commission of offence, it cannot be said that his dominant intention was that – Proceedings of the Sessions Case quashed – Application Allowed. (Paras 20 to 22)
J.B. Pardiwala, J.
1. Since the issues raised in all the captioned applications are the same and the prayer is also to quash the self-same Sessions Case No. 25 of 2016 pending in the Court of the learned Fourth Additional District Judge, Bharuch, those were heard analogously and are being disposed of by this common judgment and order.
2. Rule returnable forthwith. The learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent - State of Gujarat. Mr. Kashyap Joshi, the learned advocate waives service of notice of rule for and on behalf of the respondent No. 2-original first informant.
3. By these three applications under Section-482 of the Code of Criminal Procedure, 1973, the applicants-original accused persons seek to invoke the inherent powers of this Court praying for quashing of the Sessions Case No. 25 of 2016 pending in the Court of the learned Fourth Additional District Judge, Bharuch, arising from the F.I.R. bearing C.R. No. I-133 of 2015 filed before the 'C' Division Police Station, District-Bharuch, for the offence punishable under Sections-306 r/w. 114 of the I.P.C.
4. The respondent No. 2 herein is the original first informant. He is the father of the deceased who committed suicide by hanging. The respondent No. 2 lodged an F.I.R. dated 03/07/2015 for an incident of suicide committed by his son dated 19/06/2015.
5. The free English translation of the FIR lodged by the respondent No. 2 herein is as under:-
I, Rameshbhai Amrutlal Shah, Aged: 58 years, Occupation: business, Residing at 36, Samrudhhi Bungalows, Nr. Prarthna Vidyalaya (Bholav Gram Panchayat) Taluka District Bharuch.
do hereby in person narrate my factual complaint that am residing at the above mentioned address with my family and am maintaining myself and my family by doing business in the name of Surya Aluminium, near Megha Hotel, below Allahabad Bank, Ankleshwar and was having one son viz. Dhruv, aged 20 years and my wife viz. Jagrutiben is a housewife.
That on 19.06.2015 in the evening I was present at my home and my son Dhruv was at the home of his maternal uncle viz. Vipulbhai Indravadan Shah at 36, Bhrugupur Society, Bharuch and at around 10:30 hours in the night, my brother in law Vipulbhai called me up and told that my son Dhruv has committed suicide by hanging himself from fan with the help of bed-sheet in room of the first floor. Therefore, me and my wife immediately came to the house of my brother in law. That my son Dhruv by that time was taken in 108 Ambulance to Jeevan Jyot Hospital and the doctor had declared him as dead. That the reason for my son committing suicide has not been known to me. Therefore, I came to 'C' Division Police Station of Bharuch and declared the same as a result of which Bharuch 'C' Division Police Station registered Accidental Death Case No. 31/014 under Section 174 of the CrPC and for doing the legal procedure, police got done the post mortem of the dead body of my son, conducted panchnama of the place of offence, took statements of concerned witnesses and as I was not knowing the reason of death of my son, the reason for my son committing suicide did not come out and while the investigation was on, one boy viz. Vasu Dixit, residing near Chamunda Mata's Temple, at Jadeshwar who was studying with my son Dhruv, informed me that when they were studying in engineering college, my son Dhruv got into friendship with one Dhvani Shah because of which Manan Mistry, residing in our society and Anuj Bhatt, residing at Ahmedabad used to torture my son Dhruv in person as well as on phone in this regard and because of such torture my son felt hurt and hanged himself. In this regard, I have given an application. Thus, during investigation, it has revealed that because of my son's friendship with Dhavni Shah, my son was being tortured on phone as well as in person as a result of which my son has committed suicide and therefore, this factual complaint of mine be investigated and my
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