IMPORTANT POINT
The main legal point established in the judgment is the need to examine each case on its own facts and circumstances, especially in cases involving abetment of suicide, and the seriousness of offences like abetment of suicide in determining the quashing of criminal proceedings.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure ('Cr.P.C' for short) with a prayer to quash Annexure-I FiIR and further proceedings, pending against the petitioners/accused in Crime No.533/2023 of the Panamaram Police Station, Wayanad.

2. Heard the learned counsel for the petitioners, the learned counsel for the defacto complainant as well as the learned Public Prosecutor. Perused the case diary and the relevant materials, including the affidavit filed by one Dhanya.

3. In nut shell, consequent to committal of suicide by the mother of the petitioners, crime was registered alleging commission of offences punishable under Section 306 of the Indian Penal Code (`I.P.C’ for short), by the petitioners, who are arraigned as accused Nos.1 and 2.

4. It is argued by the learned counsel for the petitioners that the petitioners are innocent. The allegation at the instance of the prosecution is that the mother of the 1st petitioner and mother-in-law of the 2nd petitioner, committed suicide because of abetment is absolutely false and the mother had been residing along with the petitioners so peacefully with utmost harmony and she committed suicide not because of any abetment at the instance of the petitioners. The petitioners were falsely implicated in this case and the petitioners and family members including the 2nd respondent (Dhanya) discussed the matter and all misunderstandings were cleared. Therefore, the proceedings are liable to be quashed.

5. It is submitted that quashment of proceedings involving offences punishable under Section 306 of I.P.C is legally permissible. In support of this contention, the learned counsel for the petitioners placed a decision of the Apex Court reported in [2021 KHC 6593 : 2022 (1) KLD 30 : 2021 KHC OnLIne 6593 : 2021 (11) SCALE 698 : AIR 2021 SC 4764 : 2021 (5) KLT OnLine 1144], Geo Varghese v. State of Rajasthan and another. Based on the above decision it is argued that a case involving an offence punishable under Section 306 of I.P.C can also be quashed under Section 482 of Cr.P.C. Going through the decision, the Apex Court considered a case whereby a 9th standard student committed suicide in the morning at 4 a.m on 26.04.2018. The mother of the student lodged F.I.R alleging commission of offence punishable under Section 306 I.P.C due to mental harassment meted out by the teacher, who is the accused therein. In the said case the Apex Court dealt with other decisions and finally held as under:

“What is required to constitute an alleged abetment of suicide under S.306 IPC is there must be an allegation of either direct or indirect act of incitement to the commission of offence of suicide and mere allegations of harassment of the deceased by another person would not be sufficient in itself, unless, there are allegations of such actions on the part of the accused which compelled the commission of suicide. Further, if the person committing suicide is hypersensitive and the allegations attributed to the accused is otherwise not ordinarily expected to induce a similarly situated person to take the extreme step of committing suicide, it would be unsafe to hold the accused guilty of abetment of suicide. Thus, what is required is an examination of every case on its own facts and circumstances and keeping in consideration the surrounding circumstances as well, which may have bearing on the alleged action of the accused and the psyche of the deceased.”

6. Thus the ratio laid down in Geo Varghese v. State of Rajasthan and another‘s case (supra) is that in crimes involving offence under Section 306 of IPC is concerned, what is required is an examination of every case on its own facts and circumstances and in consideration of the circumstances, quashment of crime alleging commission of offence punishable under Section 306 I.P.C can be considered when an allegation of either direct or indirect act of incitement to the commission of offence of suicide and mere allegatio