To establish abetment of suicide under IPC Section 306, there must be clear evidence of instigation or encouragement, which was absent in this case.

ORDER :

(J.C. DOSHI, J.)

Seeking quashment of the FIR being I-CR No.86 of 2019 registered with Sarkhej Police Station for the offence punishable under Sections 306, 114 and 506(2) of the IPC, learned advocate for the petitioner Mr.Oza for the petitioner would submit that plain reading of the FIR does not disclose the essential ingredients of Section 107 of the IPC which quite needed to put the allegations of offence under Section 306 of the IPC. He would further submit that according to the FIR, the petitioner and his partner have given some construction work to the deceased to be completed within particular period and if the said work is completed prior to limit decided then petitioner will pay some more amount but since the petitioner and his partners have not paid the said amount, which promoted the deceased to commit suicide. In the submission of leaned advocate for the petitioner, the contents of the FIR is insufficient to make out the offence under Section 306 of the IPC. It is further submitted that petitioner is out of India for the period between 19/03/2019 and 26/07/2019 and in support thereof the copy of passport and is also enclosed showing the said fact and thus there is no proximity prior to the alleged incident which promoted the deceased to commit suicide. It is further submitted that petitioner has given huge amount which is almost completing the amount required to be paid for the construction work; yet the deceased was demanding more amount and thus considering the said facts, it is submitted that permitting the petitioner to trial would be abuse of process of law.

1.1 In support of his submissions, learned advocate for the petitioner has relied upon the serious of judgment which are as under:

1. Sanju alias Sanjay Singh Sengar vs. State of MP [2002(5) SCC 371].

2. Ramesh Kumar vs. State of Chhattisgarh [2001 (9) SCC 618].

3. A K Choudhary & Ors. vs. State of Gujarat [2005 (3) GLH 444].

4. Kiranbhai Himmatlal Gadhavi vs. State of Gujarat rendered in CR.MA NO.13760 of 2020.

1.2 By making above submissions, learned advocate for the petitioner would submit to allow this petition and to quash the FIR impugned.

2. Though served, respondent no.3 did not remain present to contest the petition.

3. Per contra, learned APP for the respondent – State would referring the statement recorded during the investigation and part of the charge- sheet papers submit that monetary transaction took place between the party did not yield any result in favour of the deceased which promoted him to commit suicide as he could not pay the amount to the petitioner which he borrowed to complete the construction work; within the stipulated time period as decided between them. He would therefore submit that since the investigation is completed and charge-sheet is filed and when prima facie material is found against the petitioner, this Court may not exercise the discretion in favour of the petitioner to quash the FIR in question.

4. Having heard the learned advocates appearing for the parties and examining the records of the case, apt to note that in case of A K Choudhary (supra), this Court while appreciating the similar facts of the case has observed as under”

“1. Life is dear to everybody and death is painful to one and all. Should sentiments prevail or discipline for the administration of any institution ? Can sentiments be allowed to be enforced over rule of law ? Can the action or inaction or propriety of action or inaction to discharge legal obligation be said as an aid or instigation or abetment to commit suicide ? The aforesaid are the aspects which directly or indirectly arise for the consideration of this Court in the present group of petitions.

17. In view of the above, it appears that the ingredients for abetment for suicide would be satisfied only if the suicide is committed by the deceased due to direct and alarming encouragement/incitement by the accused leaving no option but to commit suicide. Further, as the action of committing suicide