JUDGMENT :

Rajnesh Oswal, J.

1. The present petition has been filed under section 561-A CrPC (now 482-CrPC) by the petitioners for quashing order dated 15.12.2014 passed by the learned Sessions Judge, Udhampur (hereinafter to be referred as the trial court) by virtue of which the petitioners have been charged for commission of offence under section 306/34 RPC.

2. The order impugned has been assailed on the ground that there is not even an iota of evidence that at any point of time the petitioners had instigated the deceased or aided him in committing the suicide It is also urged that the suicide note of the deceased was incoherent which unmistakably shows that he was suffering from some mental disease marked by disconnection between thoughts, feelings and action as would be evident from the facts narrated in the very beginning of the suicide note and it demonstrates that the deceased was not a normal person and was rather having a split character. The petitioners in order to demonstrate the mental condition of the deceased, have placed on record certain letters allegedly written by the deceased.

3. The brief facts which are necessary for the disposal of the present petition are that on 25.03.2012 an information was received on phone from Police Post, Hospital that one person namely, Prem Kumar S/o. Sansar Chand aged 28 years has been brought by some persons at Hospital and was stated to have hanged himself in his room with the ceiling fan and was brought down and taken to the hospital, where he was declared dead by Medical Officer. On receipt of this information, inquest proceedings under section 174 Cr.P.C were initiated and the post-mortem was conducted and thereafter body was handed over to the family for last rites. From the room of deceased during search, one diary, photographs and one suicide note were seized and after the perusal of the suicide note, FIR bearing No. 108/2012 was registered on 29.03.2012 for commission of offence under section 306 RPC against the petitioners at Police Station, Udhampur.

4. A perusal of the suicide note reveals that in the beginning of the suicide note, the deceased has addressed his mother and father with regard to his circumstances leading to his death and infact stated that he had not committed suicide but was killed. In the subsequent part of the suicide note, he narrated that the petitioner No. 1 met him at the Railway Station and took him to his home where he was confined from 11 A.M to 8.30 P.M and during that period, the petitioner No. 1 threatened to kill him and his parents and petitioner No. 2, who is the wife of petitioner No. 1 gave him some medicines in the glass of milk due to which he started vomiting. He further stated that three attempts were made by the petitioners to kill him but every time he was saved. He further stated that he had put the vermilion at the head of petitioner No. 3 and also tied mangal sutra and took seven rounds with the petitioner No. 3 around the fire at Ziarat Peerbaba. It was known only to him and the petitioner No. 3. He did this because the petitioner No. 3 insisted for the same and that incident took place in the month of August, 2010 when he had returned from the Hyderabad. Thereafter they started living as husband and wife. None else other than the petitioner Nos. 1 and 2, who happen to be the parents of petitioner No.3 were instrumental in bringing the petitioner No. 3 and the deceased close to each other as they had been arranging the meetings between the petitioner No. 3 and deceased in the year 2009. They had given complete freedom to them that was why he and petitioner No. 3 used to reach Udhampur sometimes at 1200, sometimes at 11 PM and once 1.30 AM in the night at Udhampur. The petitioner No. 1 used to bring them from the Railway Station. Further he expressed regrets that petitioner No. 2, who is wife of petitioner No. 1, had maligned the pious word of mother, who in order to satisfy her lust did not even leave his son also. She crossed a