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2026 Supreme(Guj) 220
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
P. M. RAVAL, J.
Rakeshkumar Ramanbhai Gohil - Applicant
Versus
State Of Gujarat & Anr. – Respondents
R/Criminal MISC. Application (For Quashing & Set Aside FIR/Order) No. 23600 of 2022
Decided On : 17-06-2026
Important Points
Subject
Criminal Law - Quashing of Criminal Proceedings
Act Referred
INDIAN PENAL CODE : S.107, S.120(b), S.306, S.456, S.467, S.468, S.471, S.506(2)
GUJARAT LAND GRABBING PROHIBITION ACT : S.4(1), S.4(3)(5)
Headnote
(B) Quashing of FIR - Criminal Procedure Code, 1973 - Section 482 - Inherent jurisdiction - Where the prosecution fails to disclose essential ingredients of the offence, criminal proceedings constitute an abuse of process of law and are liable to be quashed. (Paras 31-32)
Facts of the case:
The applicant initiated legal proceedings, including a complaint under the Land Grabbing Act, against the deceased alleging a forged Agreement to Sell regarding ancestral land. Following the rejection of anticipatory bail in those proceedings, the deceased committed suicide. The family of the deceased alleged that the applicant’s conduct, including demands for money and harassment via legal proceedings, drove the deceased to take his own life.
Findings of Court:
The court observed that the deceased merely reacted to the legal proceedings initiated by the applicant. There was no evidence of active instigation or a continuous course of conduct intended to force the deceased to commit suicide. Exercising legal rights does not amount to abetment.
Issues: Whether the material on record prima facie establishes the ingredients of abetment of suicide under Section 306 of the IPC against the applicant.
Ratio Decidendi: For a charge under Section 306 IPC to hold, there must be a direct or active act of instigation. A person cannot be held liable for abetment simply for pursuing legitimate legal remedies, even if those proceedings cause stress or social embarrassment to the deceased.
Result: Application allowed; FIR quashed.
For the Applicant : Mr Ashish M. Dagli.
For the Respondents: Mr Maheshb Bariya, Mr Ravindra P Patel, Mr. Rohan Shah, APP.
| Table of Content |
|---|
| 1. procedural history and factual background regarding the fir and legal dispute. (Para 1 , 2 , 3 , 4) |
| 2. summary of rival contentions regarding the existence of abetment elements. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. analysis of evidentiary sufficiency and the requirement of high threshold for section 306 ipc. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. conclusion that exercising legal rights does not constitute abetment of suicide. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
JUDGMENT :
P. M. RAVAL, J.
1. Rule fixed forthwith. Learned APP waives service of rule on behalf of the respondent-State.
2. By way of the present application, the applicant has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR being C.R. No. 11191035210798 of 2021 registered with Naroda Police Station on 12.05.2021 for the offences punishable under Sections 306, 506(2) and 120B of the Indian Penal Code and all consequential proceedings arising therefrom.
3. Facts of the FIR in nutsheel to the effect that:-
(a) He is residing with family and his brother doing construction work in partnership in the name and style as Orchid Royal. It is stated that his father Madhubhai was also doing construction work earlier thereafter he has stopped construction work. It is stated that his father and Patel community attach with so many person. It is stated that on 7.5.2021 he received call from one Vipul who informed his father is not well and immediately called at the hospital. It is stated that whent he complainant reached to the place, he was informed by Bhargavbhai that he along with one Vipul, were sitting in the officer at that time he received a call from agrucultural laborer kanubhai who look after land of village muthidya survey No. 79 and informed that Madhubhai is not well, on such information that complainant along with other people reached to the place and Madhu was taken to hospital. It is stated that at around 10:00 O’clock in the night his his father died accordingly intimation was given to the police and on the next day near the bed 4 pages note was found and it is stated in the note that though it was decided 20% profit in respect of land situated at Ratanpur, the profit was actually not given and therefore he is taking this step and Prabhudasbhai to be punished for this.
(b) It is stated also that in 2010 his father developed friendship with Prabhudasbhai and as Prabhudas was NRI and resides at London, he frequently used to come to his native. It is stated that during the visit to India he also came into contact with complainant’s brother and family members known to each other. It is stated that Prabhudas had land at village Ratanpur Block Survey No. 493 (old 256), 492(255), Block survey No. 488 (old 253), in all 18 vighas of land in the ownership of Prabhudasbhai. It is stated that though in the revenue record the land was in the name of Prabhudas, however, one Vinod @ Annu who claimed to his partner and he was harassing Prabhudasbhai and not allowing Prabhuds to enjoy his own land, so as to se Vinod’s harassment towards land in question of Prabhudas be removed, therefore father of the complainant had helped Prabhudas and thereafter father of the complainant and Prabhudas both in 2012 cleared the land, possession is also restore to Prabhudas. It is stated that it was thereafter agreed to dispose of the land jointly in favour of third party and whatever profit received it was agreed that Prabhudas will pay 20% profit to the father of the complainant. This is known the family members of the complainant. It is stated that in 2020 as Prabhudas was not interested to give 20% share, he has given power of attorney in favour of Rakesh Gohil and thereafter false application was made to the land grabbing committee. It is stated that pursuant to which statements of the father of the complainant was recorded in October 2020 and thereafter he fre
