IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Rohit Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
SANDEEP SHARMA, J.
1. By way of present petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made by the petitioner for quashing of FIR No.121/2018, dated 02.07.2018, lodged at Police Station Joginder Nagar, under Sections 306 and 34 of IPC, as well as consequential proceedings pending in the Court of learned Additional District Judge, Sarkaghat, Camp at Joginder Nagar, i.e. Session Trial No. 45/2019, titled as State Vs. Munish Kumar and Others .
2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Aman Parth Sharma, learned counsel representing the petitioner, is that no case much less case under Sections 306 of 34 of IPC is made out against the petitioner and as such, no fruitful purpose would be served by permitting the criminal proceedings to continue against him, pursuant to FIR, sought to be quashed in the instant proceedings. While making this Court peruse contents of the FIR as well as final report submitted under Section 173 of Cr.P.C., Mr. Parth, learned counsel representing the petitioner, stated that neither there is any suicide note left behind by deceased Manoj Sharma
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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....
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....
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....
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or direct causation linked to the act of suicide, which was not present in this case.
1. At the stage when the High Court considers a petition for quashing under Section 482 of the Cr.P.C, the test to be applied is whether the allegations in the complaint as they stand, without adding....
Abetment of suicide – In order to convict a person for offences under Section 306 IPC, basic and essential ingredients of offence, whether death was suicidal and whether there was abetment and instig....
The court established that mere allegations without evidence of instigation or active involvement do not suffice for abetment of suicide under IPC.
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