IMPORTANT POINT
Marital discord and allegations of harassment do not constitute abetment of suicide under Section 306 IPC without evidence of instigation or direct action leading to the act.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. C. Phukan, learned counsel for the petitioner. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State of Arunachal Pradesh representing the respondent No. 1 and Mr. A.K. Singh, learned counsel for the respondent No. 2.

2. By way of the present application, the accused petitioners have sought quashing of the FIR registered as Rupa P.S. Case No. 11/2021 under Section 306 of IPC.

3. The aforesaid FIR was lodged on 22.06.2021 before the Rupa Police Station, West Kameng District, Arunachal Pradesh by the respondent No. 2 i.e. brother of deceased Arjun Prabhakar Walunj (hereinafter referred to as the deceased) inter alia alleging that the accused No. 1 to 4 had abetted. The deceased to commit suicide by inflicting tremendous mental and physical torture.The accused persons are the wife, the brother-in-law and father-in-law of the deceased and brother-in-law of the wife of the deceased.

4. The deceased was an employee of Indian Army and on the relevant date, he was posted at the office of the GE 859-EWS located at West Kameng District, Arunachal Pradesh and he committed suicide at the Army Camp on 19.10.2019. Soon after his death, his employer conducted a court of enquiry and the report was also submitted and the said report is also made as a part of the FIR. The details of such enquiry report etc. shall be dealt at appropriate stage.

5. In the meantime, the Investigating Officer had continued with investigation, recorded the statement of the informant and other matters etc. The informant/respondent No. 2 had also subsequently submitted a detailed written statement before the Investigating Officer which is part of the case diary. The informant further transcripted the last conversation between the deceased and his brother-in-law on the fateful day and submitted before the Investigating Officer. The statement of the brother-in-law was also recorded under Section 161 of Cr.P.C. The same is also part of the case diary. Same shall also be dealt at the appropriate stage in this judgment.

6. Mr. Phukan, learned counsel appearing for the accused petitioners submit that even if the allegation made in the FIR are taken to be true on its face value, the same do not constitute the necessary ingredients of the offences alleged and it is a fit case, wherein the FIR is required to be quashed.

7. Referring to the Court of Enquiry Report, which is part of the FIR, Mr. Phukan, learned counsel contends that the similar is the case so far the same relates to the Court of enquiry report and such report rather supports the case of the accused petitioners inasmuch as it is on record that deceased had psychiatric problem i.e. was having adjustment disorder and dependent abuse of alcohol and he physically assaulted his wife on 26.09.2019 etc. The learned counsel further contends that from the admitted allegation, no interference can be drawn that the petitioners in any manner, instigated or abetted the deceased to commit suicide except some quarrel between the husband and wife over telephone. According to him, the allegation at best can be turned as marital discord for abuse of alcohol for demand of divorce by the accused wife and for lodging of complaint by the deceased wife before the employer of her deceased husband.

8. Per contra, Mr. Tado, learned Additional Public Prosecutor for the State referring to the FIR, the statement of witnesses recorded under Section 161 of Cr.P.C. by the I.O. of the informant, his written statement submitted before the I.O., transcripted conversation between the brother-in-law of the deceased and the deceased, urged that the accused wife has created pressure upon the deceased to keep her with the deceased at his place of posting, she demanded that the deceased should dissolve the marriage between them and a complaint was lodged before the employer of the deceased alleging physical abuse resulting in the employer of the deceased threatening the deceased to dismiss him f