IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J.
Pradip Chudiwala @ Pradeep Churiwala and ors. – Petitioner
Versus
The State of Jharkhand and ors. – Opposite Parties
Cr.M.P. No. 1633 of 2022
Decided On : 14-06-2022
FIR Quashing - Suicide - IPC 306 - [MENTAL TORTURE] - [Indian Penal Code, Section 306] - The court discussed the ingredients of section 306 IPC and the requirement of abetment of suicide. The court considered the suicidal note and video clipping as prima facie indicating the commission of instigation, which is required to be investigated. The court concluded that the investigation is still ongoing and therefore dismissed the petition for interference.
JUDGMENT :
Heard Mr. R.S. Mazumdar, learned senior counsel for the petitioners, Mr. Manoj Kumar, learned counsel for the State and Mr. Saurabh Shekhar, learned counsel for the O.P. No. 2.
2. The present petition has been filed for quashing of entire criminal proceedings including the First Information Report in connection with Bishtupur P.S. Case No. 93 of 2022 registered for the offence under sections 306/384/120-B/34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Jamshedpur.
3. Mr. Ankit Agarwal has lodged the First Information Report alleging therein that on 05.05.2022 his brother namely, Rahul Agarwal died by committing suicide from the rooftop of capital DD Bar opposite Ram Mandir, Bistupur due to mental torture caused by lodging of a false F.I.R by his in-laws including his wife. It is further alleged that on 05.05.2022 at about 2:21 P.M. the informant received information through a Video sent by his deceased brother Rahul Agarwal in which he narrated that due to continuous mental torture and public defamation he is going to commit suicide. It is further alleged that after receiving the said information from the concerned O.C., Sonari P.S., Jamshedpur, he and his family members reached Jamshedpur at about 10 P.M. and instituted this F.I.R. against all in-laws of his deceased brother including these petitioners. It is further alleged that on 16.02.2022 a false F.I.R. was registered in Sonari P.S. vide Sonari P.S. Case No. 28 of 2022 by the accused Varsha Agarwal, wife of the deceased as per the direction of her father Pradip Chudiwala, her mother Kusum Chudiwala and brother Piyush Chudiwala against the deceased and his family members. It is further alleged that all the accused persons including the deceased brother of the informant preferred an application for grant of anticipatory bail before the learned Principal District & Sessions Judge, Jamshedpur bearing A.B.P. No. 375 of 2022 and 413 of 2022 and the court has been pleased to allow the bail in A.B.P. No. 375 of 2022 but was pleased to reject the A.B.P. No. 413 of 2022 which was preferred by the deceased namely, Rahul Agarwal vide order dated 12.04.2022. It is further alleged that after rejection of the said bail application of the deceased Rahul Agarwal all the accused persons demanded a sum of Rs. 5 crores from the deceased and his family members and when it was refused by them the informant filed an application for issuance of process under section 82 Cr.P.C which was refused by the learned court and in the meantime the Investigating Officer of the case raided the house of the deceased for execution of NBW on 08.04.2022 and later on filed an application by the Investigating Officer on 12.04.2022 before the learned lower court for the issuance of process under section 82 of Cr.P.C. It is further alleged that deceased Rahul Agarwal before committing suicide recorded a video message in his mobile phone for his family member and well wishers to inform that he is committing suicide as he is not able to deal with the mental and emotional torture as well as defamation caused by the accused persons including petitioners. It is further alleged that even after repeated request made by the deceased Rahul Agarwal to accused Megha Chudiwala & Piyush Chudiwala to let to speak to his children and allow to meet his children several times but it was refused by them. Hence, the present case has been registered.
4. Mr. R.S. Mazumadar, learned senior counsel for the petitioners submits that it is an admitted case of prosecution that petitioner no. 4. Namely, Varsa Chudiwala @ Barsha Agarwal earlier filed a case being Sonari P.S. Case No. 28 of 2022 for the offence under sections 498A, 323, 504 of the Indian Penal Code and under section 3/4 of the Dowry Prohibition Act against the deceased brother of the informant namely, Rahul Agarwal and his family members including father of the informant namely, Durga Prasad Agarwal and presently the said matter i
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The court emphasized the need for thorough investigation into allegations of instigation to commit suicide, as indicated by the suicidal note and video clipping.
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....
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.
For abetment of suicide under IPC Section 306, clear and proximate evidence of instigation or aid from the accused is essential; mere allegations in a civil dispute are insufficient.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or intent; mere allegations linked to civil disputes do not meet this threshold.
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 judgment emphasizes the requirement of a proximate link between the alleged acts of the accused and the suicide by the deceased, as well as the need for clear mens rea to commit the offence under....
To establish abetment of suicide, there must be a direct and intentional act by the accused that leads to the suicide, which was not present in this case.
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.
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