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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI, J
Dr. Rajeshkumar Somabhai Katara Asst. Professor Microbiology – Appellant
Versus
State of Gujarat & Anr. – Respondent
CAV JUDGMENT
1. As both the petitions arise out of the same FIR, with consent of learned advocates appearing for the parties, they are heard together and disposed of by this common judgment and order.
2. For deciding these petitions, the facts of Criminal Misc. Application No.6103 of 2017 are taken into consideration.
3. By way of preferring present application under section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused No.1, seek to invoke the inherent powers of this Court, inter alia, praying for the following main reliefs:
"(A) Your Lordships be pleased to admit and allow this Criminal Misc. Application;
(B) Your Lordships further be pleased to quash and set aside the complaint being C.R.No. I- 20/2017 registered with Chandkheda Police Station, Ahmedabad - Annexure-A for the offences alleged therein, filed by the respondent no.2 - original complainant, in the facts and circumstances of the case and in the interest of justice."
4. The brief facts as narrated in the FIR can be summarized thus:
4.1. That the accused no.1, who is the wife of the deceased, is having extramarital affairs with accused no.2 and the said fact has come to the notice of the deceased
Abetment of suicide requires clear mens rea and active instigation by the accused, which was absent in this case.
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....
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....
Denial of marriage does not constitute abetment of suicide under IPC without clear evidence of instigation or aiding the act.
To establish abetment of suicide under Section 306 IPC, there must be clear instigation or intentional aid; mere suspicion or threats are insufficient.
Abetment to suicide under IPC Sections 306 and 498A necessitates proof of instigation or influencing behavior, requiring thorough examination in trial; mere allegations do not suffice.
To establish abetment of suicide under Section 306 IPC, evidence of instigation or encouragement by the accused is essential; mere emotional turmoil does not suffice.
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