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 quashed under Section 482 CrPC even post charge-sheet.

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 nor there is any evidence to suggest that deceased Manoj Sharma, i.e. brother of the complainant, committed suicide after having been mentally harassed and tortured by the petitioner. He stated that merely on the basis of some WhatsApp messages sent by the deceased to his brother, Police could not have registered case against the petitioner under and 34 of . In support of his aforesaid submission, he placed reliance upon the judgment dated 31.03.2022, passed by this Court in Criminal Misc. Petition (Main) No. 728 of 2021, titled as Ashish Kumar Vs. State of H.P. and Others .

3. To the contrary, Mr. Anish Banshtu, learned Deputy Advocate General, while justifying the impugned action of lodging FIR against the petitioner under Sections 306 and 34 IPC, submitted that bare perusal of message sent by deceased to his brother, prior to his having committed suicide, clearly reveals that he was constantly tortured by the petitioner. While referring to the reply filed by respondent-State as well as final report submitted under Section 173 Cr.P.C., he contended that prior to the alleged incident of suicide, petitioner herein, while extending threats to the deceased, had also shown knife to him. While referring to provisions contained under Section 306 of the , Mr. Banshtu, learned Deputy Advocate General, submitted that whoever abets the commission of such suicide, shall be punished with imprisonment which may extend to ten years. He stated that since bare perusal of WhatsApp message clearly suggests that deceased Manoj Sharma committed suicide after being mentally harassed and tortured by the petitioner, no illegality can be said to have been committed by the Investigating Agency while registering case under and 34 of the against the petitioner. He submitted that otherwise also, factum with regard to abetment, harassment and mental torture shall be proved by the prosecution by leading and convincing evidence, but certainly such fact, if any, cannot be considered and decided in the instant proceedings.

4. Precisely, the facts of the case, which led to lodging of the FIR, sought to be quashed in the instant proceedings, are that on 01.07.2018 at about 11:20 pm, an application/complaint was received at Police Station Joginder Nagar from one Deepak Chopra regard