Successful quashing of FIR for abetment of suicide due to lack of evidence showing instigation as defined in IPC Sections 306 and 107, emphasizing the inability to establish necessary mens rea.

ORDER :

J. C. DOSHI, J.

1. By way of this applications under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioners have prayed for quashing and setting aside FIR being C.R.No.I – 92 of 2015 registered with Khatodara Station, for the offences punishable under Sections 306 , 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioners herein.

2. Brief facts of the case are as under:-

3. It is alleged in the FIR that Daughter of the First Informant who was studying in the 2nd Year, B.Sc. Nursing at New Civil Hospital, Surat and was residing at Girls Hostel, Civil Hospital, Surat committed suicide by handing herself with the Fan of her Hostel Room because of the mental torture given by the Applicants who are allegedly respectively Principal, Vice- Principal and Accused No. 3 who is serving as Head Nurse, MICU Ward, Civil Hospital, Surat by leaving behind suicide note which is reproduced in the FIR in detail.

4. Learned advocate for the petitioners referring to the FIR in question would submit that there is three days’ delay in filing the FIR, which itself is suggestive of the fact that initiation of the present criminal proceedings is nothing but afterthought and abuse of process of law. He would further submit that according to the FIR, no ingredients of offences u/s 107 and 306 of the IPC are made out. He would further submit that from the FIR, no positive action from the petitioners is found, which prompted the deceased to commit suicide.

5. The above submission is made by learned advocate for the petitioners to allow the petition.

6. Per contra, learned advocate appearing for the complainant would submit that since the petitioners has approached this court under section 482 of the Code of Criminal Procedure, 1973 to quash the FIR at threshold, in absence of the investigation in regards to the offence, it cannot be said that there is no instigation which prompted the deceased to commit suicide. He would further submit that the police has not formed any opinion whether the offence under section 306 of the IPC is made out or not. Upon such submission, he requests to dismiss the petition.

7. Learned APP, adopting the argument of learned advocate Mr Dave, requests to pass necessary order.

8. What could be noticed from the suicide note that the deceased was studying in the 2nd Year, B.Sc. Nursing at New Civil Hospital, Surat and was residing at Girls Hostel, Civil Hospital, Surat, whereas the petitioners are serving as Principal and Lecturer, Class II respectively at Nursing college. It is further noticed that the deceased was not happy with the field. It is further alleged that the petitioners are very strict in implementation of rules and they used to reject leave and if leave is granted, they take three times more work from the students, which by itself is not sufficient to constitute alleged offence. Considering the said fact, there cannot be any instigation or any positive act at the hands of the petitioners, which would drive the deceased to commit the suicide.

9. The main factor for abetment of thing is that the prosecution needed to prove to instigates any person to do particular thing, omission or illegal omission for doing that thing. In the present case, this Court does not find any essential ingredients of section 107 of the IPC, which can even prima facie be proved on reading the FIR.

10. Be that as it may, since principal offence alleged against the petitioners is u/s 306 of the IPC, let refer sections