JUDGMENT :

Sandeep Sharma, J.

1. By way of instant petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of FIR No. 0122 dated 15.12.2016 under Sections 309 of Indian Penal Code (for short ‘IPC’) registered with Police Station, East Shimla, District Shimla, H.P. as well as consequent challan No. 93/2018, titled as State vs. Pratibha pending adjudication in the Court of learned Judicial Magistrate, 1st Class, Court No. 3, Shimla, District Shimla, H.P. primarily on two grounds; (i) no criminal proceedings under Section 309 of IPC could have been initiated against her on the basis of FIR sought to be quashed in the instant proceedings as the same is based upon her own statement recorded under Section 154 Cr.P.C. (ii) Section 115 of Mental Healthcare Act, 2017, provides that any person, who attempts to commit suicide shall be presumed to have severe stress unless proved otherwise, and shall not be tried and punished under the said Code.

2. Necessary facts, which may be relevant for adjudication of the case are that marriage of the petitioner was solemnized on 3.6.2010 with a divorcee namely, Anurag Sharma. Since t