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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
RAJESH KUMAR GUPTA
Shalabh Jadhav – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Rajesh Kumar Gupta, J.
The present petition under Section 482 of Cr.P.C. has been filed by the petitioner seeking quashment of FIR registered at Police Station Dehat, District Vidisha, vide Crime No.157/2023 for the offence punishable under Section 306 of IPC and other consequential proceedings arising therefrom pending before the trial Court.
2. The brief facts of the case are that due to an illicit relationship between the petitioner's wife and one Dharmpal Upadhyay, the wife committed suicide on 25.02.2023. Initially, an inquest under Section 174 of Cr.P.C. was initiated, and during the course of the enquiry and after recording statements, the present FIR for the offence under Section 306 of IPC was registered.
3. Counsel for the petitioner submits that even when all the allegations in the FIR and the statements recorded during the investigation are taken at face value, no offence is made out against the petitioner for the abetment of suicide under Section 306 IPC. Counsel has drawn the Court's attention to the screenshots (Annexure P/2), which clearly depict an extramarital affair between the deceased and the Dharmpal. This suggests the presence of an independent cause for
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.
Abetment of suicide requires clear mens rea and active instigation by the accused, which was absent in this case.
To establish abetment of suicide under Section 306 IPC, evidence of instigation or encouragement by the accused is essential; mere emotional turmoil does not suffice.
Abetment of suicide requires clear connection between accused's actions and the suicide, with established mens rea of instigation or provocation.
To establish abetment of suicide under Section 306 IPC, there must be clear instigation or intentional aid; mere suspicion or threats are insufficient.
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