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IN THE HIGH COURT OF MADHYA PRADESH
Sanjay Dwivedi, J.
Umang Singhar – Appellant
Versus
State of Madhya Pradesh & Anr. – Respondents
M.Cr.C. No. 25707 of 2021
Decided On : 05-01-2022
Abetment - Quashing of FIR - Section 306 of the Indian Penal Code - [306] - The court quashed the FIR against the petitioner, an elected Member of Legislative Assembly, for the offence punishable under Section 306 of the IPC. The court found that the suicide note did not indicate any instigation or abetment by the petitioner, and the statements of the deceased's mother and son did not implicate the petitioner. The court cited various Supreme Court judgments to emphasize that abetment involves a mental process of instigating or intentionally aiding a person in doing a thing, and without a positive act on the part of the accused, conviction cannot be sustained. The court concluded that the registration of the FIR against the petitioner was an abuse of process of law and quashed the FIR.
Fact of the Case:
The petitioner, an elected Member of Legislative Assembly, sought to quash the FIR registered against him for the offence punishable under Section 306 of the Indian Penal Code. The deceased, who had committed suicide, left a suicide note indicating that nobody was to be blamed for her suicide. The petitioner's counsel argued that the deceased had never complained about any harassment or ill-treatment by the petitioner and that the police had registered the FIR without conducting a preliminary enquiry. The mother and son of the deceased also did not blame the petitioner for the suicide.
Finding of the Court:
The court found that the suicide note did not indicate any instigation or abetment by the petitioner, and the statements of the deceased's mother and son did not implicate the petitioner. The court concluded that the registration of the FIR against the petitioner was an abuse of process of law and quashed the FIR.
Issues: The main issue was whether the prosecution had rightly implicated the petitioner in the offence registered under Section 306 of the IPC based on the suicide note and the statements of the deceased's mother and son.
Ratio Decidendi: The court emphasized that abetment involves a mental process of instigating or intentionally aiding a person in doing a thing, and without a positive act on the part of the accused, conviction cannot be sustained. The court cited various Supreme Court judgments to support the conclusion that the registration of the FIR against the petitioner was an abuse of process of law.
Final Decision: The court quashed the FIR dated 17.05.2021 registered against the petitioner for the offence punishable under Section 306 of the IPC.
JUDGMENT
1. With the consent of learned counsel for the parties, this petition is heard finally.
2. By this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner is seeking following relief (s):-
(i) Call for the case diary and record of FIR bearing Crime No.375/2021 dt.17.05.2021 registered at P.S. Shahpura, District-Bhopal (M.P.), in the interest of justice.
(ii) To quash and set aside FIR bearing Crime No.375/2021 dt.17.05.2021 as well as other consequential proceedings arising out of Crime No.375/2021 registered at P.S. Shahpura, District-Bhopal (M.P.), in the interest of justice.
(iii) To grant any other relief as the Hon'ble Court deems fit, in the interest of justice.
3. Since, the basic relief as claimed by the petitioner in this petition is for quashing the FIR dated 17.05.2021 registered against him vide Crime No.375/2021 for the offence punishable under Section 306 of the Indian Penal Code at Police Station Shahpura, District Bhopal, therefore, to resolve the controversy involved in the case so also to answer the question as to whether the offence registered against the petitioner on the basis of material collected by the prosecution is proper or the material so collected is not sufficient to constitute an offence and on that basis the FIR can be quashed, the facts of the case in nutshell are that:-
(3.1) The petitioner who belongs to Indian National Congress party, is an elected Member of Legislative Assembly (MLA) from the constituency of Gandwani, District Dhar.
(3.2) The genesis of this case arises from an incident when one Ms. Sonia Bharadwaj committed suicide in the petitioner's house on 16.05.2021 leaving behind a suicide note mentioning therein that she is committing suicide at her own will for which nobody is to be blamed.
(3.3) As per the material collected by the prosecution, also the statements of mother and son of the deceased recorded by the police, this fact has come out that the deceased was a patient of Bipolar Affective Disorder (BPAD), which is a serious mental disorder and is a form of acute depression and hypo-mania. The deceased was undergoing treatment of BPAD at Bansal Hospital, Bhopal as also Shri Krishna Hospital, Ambala, Haryana.
(3.4) After the death of Ms. Sonia Bharadwaj, her son Aaryan Bharadwaj and her mother Mrs. Kunti Devi reached Bhopal and performed cremation. However, the petitioner had also attended the cremation ceremony of deceased at Bhopal.
(3.5) The prosecution projected the story like that the deceased was in relation with the petitioner and used to reside with him in his house, but as the petitioner was harassing her mentally and physically, therefore, left with no option, Ms. Sonia Bharadwaj committed suicide. Accordingly, by registering the FIR against the petitioner, he has been made accused under Section 306 of the IPC.
(3.6) However, the statements of mother and son of the deceased got recorded on 17.05.2021 wherein they did not blame the petitioner for abetting the deceased to commit suicide. Although, within a time gap of 30 minutes, another statement of son of deceased got recorded by the police and in the second round also, he has not alleged anything against the petitioner. As per the petitioner, even in absence of any material ingredient, the police registered the FIR against him.
(3.7) Thereafter, the petitioner against registration of FIR, has approached the Inspector General of Police by making a representation, but nothing has been done.
(3.8) Moreover, the son of the deceased Aaryan Bharadwaj came out in media and also in public to inform that the police is abusing its power by pressurizing him to give statement against the petitioner so as to implicate him in his mother's suicide case. Thereafter, the son of the deceased has approached the Director General of Police and also to Hon'ble the Chief Minister of Madhya Pradesh saying that the petitioner had no role in the matter nor is he responsible for his mother's death. The son and mother of
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....
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 evidence of instigation or direct causation linked to the act of suicide, which was not present in this case.
In cases of abetment of suicide, there must be proof of direct or indirect acts of instigation or incitement to commit suicide. Mere allegations of harassment without a positive act proximate to the ....
The main legal point established in the judgment is that to constitute the offence of abetment of suicide under Sec. 306 of the Indian Penal Code, there must be a clear mens rea and a positive act on....
The court held that mere familial pressure or demands are insufficient to establish abetment of suicide; active instigation must be proven for liability under IPC Sections 306 and 107.
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 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....
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....
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