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DEEPAK KUMAR AGARWAL
PRASHANT GUPTA – Appellant
Versus
STATE OF M. P. – Respondent
ORDER :
This petition under section 482 of Criminal Procedure Code for quashing the FIR as well as charge-sheet and consequential proceedings registered as crime No. 213/2020 at Police Station Dehat, District Shivpuri for the offence punishable under sections 306 and 34 of Indian Penal Code.
2. The brief facts, giving rise to this petition are that, on 3-7-2020 one FIR was registered alleging that on 27-6-2020 missing person Vrindawan Sharma did not return to this house and therefore, Smt. Suman Sharma lodged the missing report which was registered as missing report No. 21/2020. It is alleged that on 28-6-2020 missing person- Vrindawan Sharma was found dead near Bakde Baba mandir inside forest. The deceased was found hanging from a tree. Thereafter, the marg inquiry No. 22/20 was registered and during investigation, the family member of the deceased alleged that in November, 2019, the deceased was suspended at the instance of accused Ajay Katiyar, Sachin Agrawal, Prashant Gupta and Narendra Senger. One suicide note was also recovered in which the deceased has made allegation against the present applicant and co-accused persons for harassing him in the office. On the basis of the said
The main legal point established in the judgment is the requirement for the prosecution to establish a clear mens rea and active act to push the deceased into a position to commit suicide in cases of....
To establish abetment of suicide under Section 306 IPC, there must be clear instigation or intentional aid; mere suspicion or threats are insufficient.
To establish abetment of suicide, there must be clear evidence of instigation or actions compelling the victim to take their life, not merely trivial domestic disputes.
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.
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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