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SANDEEP SHARMA
Rakesh Verma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Sandeep Sharma, J.)
1. By way of instant petition filed under S.482 CrPC, prayer has been made on behalf of petitioner for quashing of FIR No. 20, dated 20.5.2020 registered at Police Station Nankhari, District Shimla, Himachal Pradesh as well as consequent proceedings pending adjudication in the competent court of law i.e. case No.12 of 2021, titled State v. Arun Kumar.
2. Precisely, the facts of the case, as emerge from the record, are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.4-Budhi Singh (hereinafter, ‘complainant’), who alleged that marriage of his daughter Neha was solemnized three years back with one Arun Kumar son of Kesar Singh, resident of Village and Post Office Kharahan, Tehsil Nakhari Shimla as per Hindu rites and customs. He alleged that two years back, his daughter Neha (deceased) had come back to her matrimonial house from Kharahan, after being mentally and physically harassed by her in-laws. Above named complainant alleged that his daughter had disclosed two years back that her mother-in-law and her sister-in-law, namely Shakuntla and Poonam harassed her. He further alleged that after two
306. Abetment of suicide.—If any person commits suicide, whoever abets commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, ....
Single WhatsApp message alleging threats insufficient for prima facie abetment of suicide under Section 306 IPC without evidence of instigation, mens rea or proximate act compelling suicide; FIR quas....
Abetment of suicide requires clear evidence of intent to instigate or aid the act; mere mention in a suicide note is insufficient for prosecution under Section 306 IPC.
To establish abetment of suicide under Section 306 IPC, there must be clear mens rea and an active role by the accused, which was absent in this case.
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....
The main legal point established in the judgment is that for the offence of abetment under Section 306 of the IPC, there must be a clear mens rea and an active or direct act leading the deceased to c....
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