This order shall also govern the disposal of MCRC No. 1754/2003.

This petition is filed under section 482, CrPC for quashing the criminal proceedings lodged against the applicant for committing offence under sections 306 and 406 IPC.

The facts of the case are that one Chanda Lakhotia had lodged a complaint against the present applicant alleging that she is wife of Ramesh Lakhotia. The said Ramesh had committed suicide by hanging himself in the night of 14.3.1999. According to her, Ramesh was a scrap supplier and used to supply scrap to various factories/industries situated at Malanpur District Bhind.

It is alleged that before 1995 the deceased had supplied scrap to M/s Varsha Alloys situated at Malanpur and the present applicant was the Managing Director of the said industry. It is also alleged that an amount of Rs. 16,75,000/- was due to the deceased from the said firm and the said amount was not paid by the firm. Ramesh demanded the said amount repeatedly from the applicant and the firm, but the said amount was not returned. Due to this non-payment, the deceased Ramesh was put to economic crisis, as he could not repay the liabilities of his creditors who were pressing him hard. On 14.3.1999, the deceased had some talk on telephone with the present applicant. Deceased again requested the applicant to pay his amount. At about 3 to 4 a.m. in the night he committed suicide.

The allegation of the complainant is that the present applicant has committed an offence under section 306, IPC. The police also registered the case against the present applicant for committing offence under sections 306 and 406 IPC as Crime No. 231/2001. On the said complaint, investigation was started and police after recording the statement of the complainant and other witnesses reached to the conclusion that the deceased committed suicide due to non-payment of the money by the applicant and other persons. After investigation, a challan was filed against the present applicant and two other persons in the Court of Judicial Magistrate Class - I, Gwalior.

It is contended by the learned counsel for the applicant that from the allegation made in the complaint itself offence punishable under sections 306 and 406 of IPC are not made out and hence the entire proceedings deserve to be quashed.

6. Section 306 of the IPC defines as under :-

"If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

Section 406 of the IPC defines as under:-

"Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both." As regards an offence under section 306 IPC is concerned, as per allegation of the complainant, the applicant has abetted in commission of the suicide and has thus committed an offence punishable under section 306IPC.

As regards abetment in committing suicide is concerned, the word abetted is defined under section 107IPC.

The said section reads as under :

"A person abets the doing of a thing, who -

(1) Instigates any person to do that thing; or

(2) Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing;

or

(3) Intentionally aids, by any act or illegal omission, the doing of that thing."

Section 108 of IPC defines the word abettor. As per the said section, a person abets an offence by commission of an act, which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. From perusal of section 108 IPC, it is clear that the abettor must have same intention or knowledge as that of the abettor in commit