The court emphasized that to establish abetment of suicide under IPC, there must be clear evidence of instigation and mens rea, which was lacking in the FIR.

ORDER : J. C. DOSHI, J.

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioners prayed for quashing and setting aside FIR being C.R.No.I – 33 of 2017 registered with Deesa South 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. The complainant files the impugned FIR on 30.05.2017 alleging that the son of the complainant was having affair with the applicants No.1 and since applicants No.1 had demanded money from the son of the complainant by blackmailing him, the complainant's son had to commit suicide. It is in the aforesaid background offence under Section 306 of the IPC is invoked.

Hence, present petition.

4. Learned advocate for the petitioners referring to the FIR in question would submit that the minor dispute has entailed in major result of suicide by the deceased. She would further submit that according to the FIR, no ingredients of offences u/s 107 and 306 of the IPC are made out. She would further submit that from the FIR, no positive action from the petitioners is found, which prompted the deceased to commit suicide. She would further submit that presence of mens rea / intention is necessary ingredient for establishing offence under section 306 of the IPC r/w section 107 of the IPC, however, in the present case, there is no instigation or willful intentional abatement of 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 office, it cannot be said that there is no instigation which prompted the deceased to commit suicide. She 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 request 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 that from the FIR, no positive action from the petitioners is found, which prompted the deceased to commit suicide. Even, presence of mens rea / intention is necessary ingredient for establishing offence under section 306 of the IPC r/w section 107 of the IPC, however, in the present case, there is no instigation or willful intentional abatement of suicide. Even, there was no proximate cause of the incident which would provoke 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. Thus, putting the petitioners to face the trial is absurd process.

10. Be that as it may, since principal offence alleged against the petitioners is u/s 306 of the IPC, let refer sections 107 and 306 of the IPC.

“ Section 107 : Abetment of a thing BNS, 2023 (New Section): 45 A person abets the doing of a thing, who-

First.- Instigates any person to do that thing; or Secondly.- Engages with one or more o