Mere threatening over telephone, without positive action proximate to the time of occurrence, in a matter involving a transaction, cannot be termed as abetment to suicide under Section 306 IPC.

JUDGMENT :

The petitioners seek quashing of FIR/Case Crime No.196 of 2023, dated 17.04.2023, under Section 306 IPC, Police Station Bazpur, District Udham Singh Nagar and charge-sheet dated 06.06.2023 filed in the matter.

2. Heard learned counsel for the parties and perused the record.

3. During the pendency of the writ petition, it was brought on record that charge-sheet has already been filed in the matter. The petitioners have also challenged the charge-sheet dated 06.06.2023, filed in the matter.

4. According to the FIR, deceased Gurmeet Singh had sold two gold bangles to the petitioners on 15.04.2023. On 16.04.2023, both the petitioners telephoned Gurmeet Singh that the gold is not pure. They are going to lodge the report. Hearing it, Gurmeet Singh told the petitioners that he would return the money, subject to return of the gold bangles, but according to the FIR, both the petitioners abused and threatened Gurmeet Singh and also told that they would lodge a report and send him in jail. They continued threatening Gurmeet Singh telephonically, due to which, Gurmeet Singh frustrated, get humiliated and committed suicide on 17.04.2023. The report was lodged by the respondent no.3, the son of the deceased Gurmeet Singh. It is this matter, in which, after investigation charge-sheet under Section 306 IPC has been filed.

5. Learned Senior Counsel appearing for the petitioners would submit that perusal of the FIR itself does not reveal that the petitioners have made any kind of abetment to suicide. It is not a case of suicide.

6. Learned State counsel would submit that the witnesses have supported the prosecution case. They have supported the FIR. He would submit that the petitioners made multiple calls to the deceased, due to which, he committed suicide.

7. Learned counsel for the informant would submit that the deceased was telephonically called by the petitioners to return the money, due to which, he felt humiliated and committed suicide.

8. This is writ petition under Article 226 of the Constitution of India. If FIR discloses commission of offences, generally no interference is warranted unless there are compelling circumstances to do so. The principles that guide the Court in exercise under Article 226 of the Constitution of India have been summed up by the Hon’ble Supreme Court.

9. In the case of State of Haryana and Others Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335, the Hon’ble Supreme Court has illustrated the list of the circumstances under which the jurisdiction under Section 482 of the Code may be exercised. In paragraph 102 of the judgment, the Hon’ble Supreme Court observed as hereunder:-

“102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the un