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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Ajaybhai Merambhai Makwana – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. quashing fir under criminal procedure code (Para 1 , 2) |
| 2. circumstances leading to suicide (Para 3) |
| 3. arguments against instigation and belated fir (Para 4 , 6) |
| 4. absence of essential ingredients of abetment (Para 8 , 9) |
| 5. components of section 107 and section 306 ipc (Para 10) |
| 6. judicial precedents on abetment of suicide (Para 11 , 12) |
| 7. criteria for quashing fir (Para 13) |
| 8. final order to quash fir (Para 15 , 16) |
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 petitioner has prayed for quashing and setting aside FIR being C.R.No.I – 4 of 2018 registered with Vanda Police Station, for the offences punishable under Sections 306 , 387, 504, 114 of the IPC and Section 39 , 40 and 42(d) of MONEY LENDING ACT as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.
2. Brief facts of the case are as under:-
3. That on 21.03.2020, the day on which, the deceased resorted to commission of suicide, his nephew first informant now lodges an FIR as on the strength of two sets of suicide notes-cum-writings found from the pock
Prosecution must prove instigation for suicide; mere financial pressure or delays in filing FIR do not meet necessary criteria under Section 306 IPC.
To establish abetment of suicide, clear instigation must be proven; mere financial disputes do not suffice.
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.
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.
To establish abetment of suicide, there must be clear instigation or encouragement by the accused, which was absent in this case.
No evidence of instigation was found sufficient to support charges under IPC Sections 306 and 506(2).
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....
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