JUDGMENT :

1. The applicant is shown as accused No.1 in the First Information Report registered on 26.06.2020 bearing No.11213021200558 of 2020 with Jasdan Police Station, District Rajkot Rural under Sections 306, 506(2) and 114 of the Indian Penal Code. The applicant herein has prayed for quashing of the impugned First Information Report qua him.

2. The applicant states that he has the authority over Chimanlal Premchand Shah Petrol Pump stationed at Village Jasdan. The prosecution states that the deceased was working as Mehtaji at the said Petrol Pump near old bus stand during day hours and in the night shift was working at Surya Petrol Pump. The applicant states that he has been wrongly implicated in the complaint and no offence as alleged has been made out to invoke the provisions of Sections 306, 506(2) and 114 of the Indian Penal Code.

3. Learned Advocate Mr. Pratik Barot for the applicant submitted that the deceased was working as a Managercum- Mehtaji at Chimanlal Premchand Shah Petrol Pump and the deceased was having custody of the key of the cupboard and was in possession of the cash amount of the Petrol Pump. When it was found that the deceased had gone away with the key of the cupboard, it is submitted by learned Advocate for the applicant, that the applicant alongwith others had gone to the house of the deceased where they met the father of the deceased, who is the complainant in this case, to enquire about the key of the cupboard. As per the allegations, the persons who visited the house of the complainant searched the house for the key but since they could not find the key nor the deceased, they asked the complainant (father of the deceased) to bring back his son alongwith the key, learned Advocate Mr. Barot submitted that such act was only with an intention that the regular management of the Petrol Pump does not get disrupted. It is further submitted that thereafter, the applicant heard that the son of the complainant had committed suicide by hanging himself from the branches of a neem tree near Jasdan Railway Station. It is also submitted that the narration of facts do not disclose any direct or indirect contact of the applicant with the deceased to have instigated or abetted the commission of the suicide. Learned Advocate Mr. Barot submitted that demanding the key of the cupboard for the administration of the petrol pump would not amount to instigation or incitement to push the case under Section 306 read with Section 107 of the Indian Penal Code.

4. Learned Advocate for the applicant relied on the judgments of the Apex Court in the cases of Ude Singh v. State of Haryana reported in AIR 2019 SC 4570, Pawan Kumar v. State of Himachal Pradesh reported in 2017 (7) SCC 780 and M. Jayanthi v. K.R. Meenakshi reported in 2019 JX (SC) 1392 to submit that abetment involves the mental process of instigating a person in doing something and submitted that in cases of alleged abetment to suicide, there must be proof of direct or indirect abetment to suicide. It is submitted that if the persons who committed suicide had been hypersensitive and action of accused is otherwise not ordinarily expected to induce a similarly circumstanced person to commit suicide, it may not be safe to hold accused guilty of abetment to suicide. Learned Advocate Mr. Barot referring to the facts of the case submitted that if at all the facts of the case is believed to be true, then also it cannot be said that the present applicant during the course of the day, had ever met the deceased nor was anything found to hint that the applicant had instigated the commission of suicide of the deceased, who had run away with the key of the cupboard. It was during the course of the enquiry and when the applicant and others had visited the house of the complainant, they came to know that the key of the cupboard was not available at home nor the deceased was found there. It is submitted that there was no direct communication of the applicant with the deceased on the