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2018 Supreme(MP) 651
IN THE HIGH COURT OF MADHYA PRADESH
Smt. Anjuli Palo, J.
Mohit Jain and another v. State of M.P. and another
Miscellaneous Criminal Case No. 19700 of 2018 (J);
Decided on 16.7.2018*
Promod Singh Tomar for petitioner; Amit Pandey, Panel Lawyer, for respondent No. 1/State.
Headnote:Penal Code, 1860 -- Ss. 306, 107 and 120B -- Criminal P.C., 1973 -- S. 482 -- petition to quash FIR -- deceased committed suicide due to misbehaviour of applicants -- not come under purview of abetment -- it may be reason to commit suicide only -- no mens rea to commit offence -- complaint filed against applicants after two months of incident -- FIR quashed -- applicants discharged from offence. 2008 (III) MPWN 8 and 2014 (II) MPWN 106 relied on. AIR 2011 SC 1238 followed. [Paras 6, 7 & 11
naM lafgrk] 1860 & /kkjk 306] 107 rFkk 120[k & naM ÁfØ;k lafgrk] 1973 & èkkjk 482 & ÁFke bfRryk fjiksVZ vfHk[kafMr fd, tkus ds fy, ;kfpdk & vkosndx.k ds nqO;Zogkj ds dkj.k e`rd us vkRegR;k dh & nq"Ásj.k dh ifjf/k ds v/khu ugha vkrk & ;g dsoy vkRegR;k dk dkj.k gks ldrk gS & vijk/k djus dh vkijkf/kd eu%fLFkfr ugha & vkosndx.k ds fo#) ifjokn ?kVuk ds nks ekg i'pkr~ Qkby fd;k x;k & ÁFke bfRryk fjiksVZ vfHk[kafMr & vijk/k ls vkosndx.k mUeksfprA 2008 ¼3½ eŒÁŒ ohDyh uksV~l 8 rFkk 2014 ¼2½ eŒÁŒ ohDyh uksV~l 106 voyafcrA , vkb vkj 2011 ,l lh 1238 vuqlfjrA ¼iSjk 6] 7 ,oa 11½
1. On the request of learned counsel for both the parties, heard finally at motion stage.
2. Perused the case diary.
3. This petition has been filed by the applicants under section 482 of the CrPC for quashing the FIR registered at Crime No. 223/2018 and subsequent criminal proceedings arising out of the same crime registered by Police Station, M.P. Nagar, Bhopal against the applicants for offence punishable under sections 306 and 120B of the IPC lodged by the respondent No. 2.
4. The respondent No. 2 is mother of deceased Saurabh Singh.
5. In brief the prosecution case is that one Skoda Car was purchased by deceased Saurabh Singh and his father. After sometime, said car was given to the applicants on rent. Due to some dispute between the deceased and applicants, said car was kept by the applicants. As per complaint filed by the respondent No. 2, Saurabh Singh committed suicide on 11.10.2017 due to abetment of the applicants. A written complaint was filed by the complainant on 19.12.2017 after two months of the incident. Hence, Police Station, M.P. Nagar, Bhopal registered a crime under sections 306 and 120B of the IPC against the applicants.
6. In order to convict a person under section 306 of the IPC, there has to be a clear mens rea to commit the offence. The basic constituents of offence under section 306 of the IPC are suicidal death and abetment as defined under section 107 of the IPC to attract the ingredients of abetment, the intention of the accused to aid or instigate or abet the deceased to commit suicide is necessary.
7. Facts of the present case clearly indicates that the deceased committed suicide due to the misbehaviour of the applicants. It is not count under the purview of abetment. It may be reasoned to commit suicide only.
8. In the case of Babbi @ Jitendera and others v. State of M.P. [2008(III) MPWN 8=2008 (2) MPHT 160], wherein it has been held that :
"(1) Penal Code 1860, section 107- Abetment- is constituted by instigating a person to commit an offence- Engaging in conspiracy to commit it-Intentionally aiding a person to commit it.
(2) Word and phrases- Word 'instigate'- Means to goad or urge forward to provoke, incite, urge or encourage to do an act."
9. In case of Radhesyamv. State of M.P. [2014 (II) MPWN 106 = 2014 (3) MPHT 103], it has been held that-
"Criminal Procedure Code, 1973, section 397/401- Order of framing charge under section 306 IPC- No evidence of abetment to commit suicide- Money borrowed to the deceased and demanding back of money was not an act of harassmentDemand of loan amount is not an abetment under section 107, IPC- Words uttered in heat of moment does not amount to abetment- Held- Order of framing charge is not sustainable and set aside."
10. For conviction under section 306 of the IPC, it is also requires an active act or direct act which lead the deceased to commit suicide. He must have intended to push the deceased into such a position that deceased committed suicide as held in case of M. Mohan. v. State [AIR 2011 SC 1238].
11. This Court finds that the facts of an abetment are absent in the present case. The written complaint was filed by the respondent No. 2 against the applicants after two months of the incident. Under such circumstances and as the above discussion, this petition is liable to be accepted. Hence, it is allowed.
12. It is directed that FIR registered against the applicants at Crime No. 223/2018 is hereby quashed and the applicants are discharged from the offence under sections 306 and 120B of the IPC.
13. Copy of this order be sent to the trial Court for information.
