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DIVYESH A. JOSHI
Lalaji Udaji Rathod – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. By way of preferring this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants seek to invoke the inherent powers of this Court praying for quashing of the FIR being C.R.No.I-24 of 2017 registered with Modasa Rural Police Station for the offence punishable under Sections 306, 504, 506(2) and 114 of the Indian Penal Code and consequential proceedings arising out of the said FIR.
2. The brief facts leading to filing of the present application are as under:
2.1. The complainant is the husband of the deceased and about four months prior to the date of registration of the FIR, complainant’s daughter eloped with one boy viz. Vijay Parmar of the same village and due to the said reason, disputes have been cropped between the two families inter se. It is alleged in the FIR that the accused persons (applicants herein) were the family members of the complainant and they used to admonish the complainant and his wife that their daughter eloped with the boy of the same village, therefore, the act of their daughter tarnished the reputation of the family and they threatened them to bring back their daughter, otherwise, they will have to face dire consequenc
The main legal point established is that to constitute the offence of abetment of suicide, there must be mens rea and direct or active assistance by the accused, as per the legal principles outlined ....
The main legal point established in the judgment is the requirement of mens rea and direct or active instigation for the offence of abetment under Section 306 of the IPC. The judgment also emphasizes....
Abetment of suicide – In order to convict a person for offences under Section 306 IPC, basic and essential ingredients of offence, whether death was suicidal and whether there was abetment and instig....
Abetment of suicide requires clear mens rea and active instigation by the accused, which was absent in this case.
The court held that mere familial pressure or demands are insufficient to establish abetment of suicide; active instigation must be proven for liability under IPC Sections 306 and 107.
The court's decision emphasized the importance of establishing the ingredients of abetment under Section 107 of the Indian Penal Code and highlighted the scope and ambit of Court’s power under Sectio....
To establish abetment of suicide under Section 306 IPC, there must be clear instigation or intentional aid; mere suspicion or threats are insufficient.
In abetment of suicide cases, clear evidence of mens rea and active involvement is required; mere allegations without proof of cruelty are insufficient for conviction.
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