Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 1562

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harinder Singh Sidhu, J.
Rajan Bhardwaj – Appellant
Versus
State Of Haryana – Respondent
Criminal Revision No. 1156 of 2022 (O&M)
Decided On : 31-08-2022

Advocates appeared:
Mr.R.S.Rai, Senior Advocate assisted by Mr.Farhad Kohli, Advocate, for the Appellant; Mr.Saurabh Girdhar, AAG, Haryana, for the Respondent.

The main legal point established in the judgment is the requirement of a clear mens rea and an active or direct act leading the deceased to commit suicide for the offence of abetment under Section 306 of the IPC.

Headnote:
Abetment - Suicide - Indian Penal Code - Section 306, Section 34 - The court discussed the provisions of Section 306 of the IPC and the interpretation of abetment of suicide. It highlighted the requirement of an active role by the accused in instigating or facilitating the commission of suicide, and the need for clear mens rea to commit the offence. The court emphasized the importance of a direct act leading the deceased to commit suicide and the absence of instigation in cases of mere harassment.
Fact of the Case:

The petitioner challenged the framing of charges under Section 306 read with Section 34 of the Indian Penal Code, based on a suicide note blaming the petitioner and the deceased's wife for abetting the suicide. The deceased had alleged extra-marital affair and harassment by the petitioner and his wife.
Finding of the Court:

The court found that the allegations in the suicide note did not establish instigation or active role by the petitioner and the deceased's wife in facilitating the suicide. It noted the strained relations, divorce petition withdrawal, and frustration of the deceased's marriage plans as contributing factors to the suicide. The court also highlighted the tragic fallout of the case, leading to the suicide of the co-accused Priyanka.
Issues: The key issue was whether the suicide note and other material established a prima facie case for the alleged offence of abetment of suicide under Section 306 of the IPC against the petitioner.
Ratio Decidendi: The court emphasized the requirement of a clear mens rea and an active or direct act leading the deceased to commit suicide. It highlighted the absence of instigation in cases of mere harassment and the need for a live and proximate link between the acts complained of and the suicide.
Final Decision: The court quashed the framing of charges against the petitioner and discharged him.

JUDGMENT

Harinder Singh Sidhu, J. - By filing the present Revision, the petitioner has challenged the order dated 23.03.2022 passed by Ld. Additional Sessions Judge, Gurugram, whereby, charges under Section 306 read with Section 34 of the Indian Penal Code have been framed against him.

2. FIR No.464 dated 09.10.2019 under Sections 306/34 IPC was registered on the complaint of Anupam Dutt r/o B4-802 Unitech The Residences, Sector-33, Gurugram. He informed the Police that his younger brother Neeraj Dutt resident of Tulip Voilet B3-704 had committed suicide. On getting information, the complainant and others rushed to his house where security guard told them that Neeraj Dutt had committed suicide by hanging himself on the 14th floor. He had left a suicide note which blames his wife (Priyanka) and Rajan Bhardwaj (petitioner) for his suicide. The suicide note was also shown to the complainant, wherein, he had blamed his wife and the petitioner for having an extra marital affair and making his life (that of the deceased) miserable as a reason for committing suicide.

3. On the basis of aforesaid, the Police registered the FIR on 09.10.2019 (Annexure P1) against the petitioner and Priyanka, wife of the deceased. However, Priyanka committed suicide on 15.11.2019. The Police filed charge-sheet against the petitioner, wherein, the Ld.Trial Court framed charges against him. Hence, this petition.

4. Mr.Rai, Ld. Senior Counsel for the petitioner states that the petitioner is a Commercial Pilot, associated with Air India since 2009. His wife is a homemaker and they are blessed with two daughters, aged about 24 and 14 years. False allegations have been levelled against the petitioner in the FIR. The petitioner has nothing to do with the alleged crime, except that he was a family friend of the deceased and his family. The deceased Neeraj Dutt and Priyanka were in love with each other. They solemnised marriage on 12.12.2012. Soon after the marriage, Neeraj Dutt started beating Priyanka after consuming liquor. Priyanka continued to suffer and bear with it in the hope that he would mend his ways. When the things did not improve, the couple started living separately w.e.f. 02.05.2018.

5. Later, with the intervention of the well-wishers, the couple entered into a Memorandum of Understanding to get divorce with mutual consent. A Petition under Section 13-B of the Hindu Marriage Act bearing No.HMS/698/2019 was filed in the Court at Gurugram along with their respective affidavits dated 23.05.2019 (Annexure P4). The next date was 26.11.2019 for recording the statement for the second motion. It is stated that before that date, the deceased harassed Priyanka and threatened her on phone and through Whatsapp that he was performing second marriage but would not allow her to perform marriage and that he would upload her objectionable pictures on social media and would tarnish her image. He demanded Rs.10 lacs if she wanted him not to do so. Regarding this incident, Priyanka submitted Complaint dated 08.07.2019 at Police Station Kherkadaula, Gurugram (Annexure-P5). Priyanka also moved an application withdrawing her consent in the petition under Section 13-B of the Hindu Marriage Act (Annexure P6). The petition was dismissed on 04.10.2019 (Annexure P7).

6. Mr.Rai has argued that there is no material against the petitioner except the alleged suicide note. In the suicide note it is alleged that the petitioner was having extra marital affair with Priyanka, wife of the deceased. They had made life hell for him. Even if all that as alleged in the suicide note is taken to be true, the offence under Section 306 IPC is not made out. He argued that admittedly, the deceased and Priyanka had decided to part ways by filing petition under Section 13-B of the Hindu Marriage Act. She was living separately from the deceased. It is argued that the Trial Court without going into the material collected by the Police, framed the charge against the petitioner in a mechanical way. Furthe