To establish abetment of suicide under IPC, there must be clear evidence of provocation and intention from the accused, which was absent in the case.

Judgment :

Yashvir Singh Rathor, J.

1. This is a petition filed under Section 528 of BNSS , 2023 for quashing of FIR No.280 dated 13.10.2022 registered under Section 306 /511 IPC ( Section 511 lateron deleted) at Police Station City-I, Abohar, District Fazilka, Punjab.

2. The present case was registered on the basis of statement given to the Police by Sahib Singh son of Kewal Krishan, resident of near Gurudwara Bhora Sahib, Mohalla Surgapuri, District Faridkot, aged 39 years with the allegations that he owns one mobile shop by the name of “Mahadurga Telecom”. Due to dispute with his wife, today i.e. on 12.10.2022, he along with his wife Manika was present before Mediation Centre, Abohar. He made a request to take his wife and children along with him to his house but his wife did not agree to accompany him. The family of his in-laws i.e. his wife, mother-in-law - Sumitra Devi, father-in- law – Satnarain, brother-in-law – Ashish Goyal @ Ashu Goyal and his elder sister- in-law – Renika (daughter of Satnarain) were not agreeing to send his wife and children namely Gitesh Malik aged 12 years and Hitesh Malik aged 7 years with him. He has great love and affection for his wife and children but the in-laws did not allow his family to settle by sending his wife and children with him and the family of his in-laws often harasses him. Due to this harassment, today at 01:15 PM, he has tried to commit suicide by setting himself on fire and his complete in-laws family is responsible for this occurrence.

3. The afore-said statement was recorded by ASI Sukhwinder Singh, Police Station City-I, Abohar at Cosmo Super Speciality Hospital Bathinda where the injured was admitted on account of burn injuries after seeking opinion from the doctor regarding the fitness of the injured to make statement and the statement was thumb marked by said injured/victim. On the basis of this information, ruqa was sent to the Police Station and formal FIR under Section 306 /511 IPC was registered. During the treatment, said injured namely Sahib Singh died on 19.10.2022 and thereafter, offence under Section 511 was deleted. Accused were arrested. Post-mortem of the dead body of deceased was got conducted. During investigation, one suicide note alleged to have been written on 28.03.2022 i.e. about six and a half months prior to the incident was also taken into possession which is reproduced as under:-

“I am Sahib Singh Malik son of Kewal Krishan Malik, resident of Surgapuri near Gurudwara Bhora Sahib, Kotkapura, District Faridkot, do hereby state that: To exact revenge upon me, my in-laws’ family, including Ashish Goel (Ashu), my Mother-in-law (Sumitra Devi) and my Sister-in-law (Renika) all as per conspiracy, lured and misled my wife Menka Malik and my children Gitesh Malik and Hitesh and taken them into their custody. My marriage was lasted for approximately 13 years. These individuals have played a direct and complete role in destroying my family. Minor quarrels occur in every house, but these people have collectively made life intolerable for me. You may verify from the market CCTV cameras that on 25/03/2022, we went out shopping – both husband and wife were leading a good life together. On 24/03/2022, my Father-in-law took away my children. On 26/03/2022, my Brother-in-law, in my absence and without any quarrel, came in the afternoon and took my wife away, and in doing so, they also took Cash amounting to approximately Rs.1.25 lakhs, all the jewellery, all the clothes. Even the Activa scoot