Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.SREENIVAS RAO
Maskuri Peddalxmi – Appellant
Versus
State Of Telangana, Rep By Its Public Prosecutor – Respondent
ORDER :
J. SREENIVAS RAO, J.
This Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘ BNSS ’) by the petitioners, who were arrayed as accused Nos.1 to 4, seeking to quash the proceedings in S.C. No.21 of 2022 on the file of the learned Assistant Sessions Judge-cum-Senior Civil Judge at Medak, for the offence punishable under Section 306 of the Indian Penal Code, 1860 (for short ‘ IPC ’).
2. Learned counsel for the petitioners filed memo vide USR.No.17618 of 2025 wherein, it is stated that he sent personal notice to respondent No.2 by way of registered post and acknowledgment due on 11.02.2025 and the same was delivered to respondent No.2 on 13.02.2025 and enclosed the postal track report along with said memo. Inspite of service of notice, respondent No.2, has not chosen to enter appearance.
3. Heard Mr. N. Manohar, learned counsel for the petitioners and Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor, appearing on behalf of respondent No.1-State.
4. Facts giving rise to filing of the present criminal petition are that basing upon the complaint lodged by the respondent No.2, dated 12.07.2019, Crime No.67 of 2019
To establish abetment under Section 306 IPC, specific intent and action must be proven; mere allegations or familial disputes are insufficient.
Mere harsh words or disputes over property do not fulfill the legal requirements for abetment of suicide under IPC Sections 306 and 107.
Point of law: Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in....
For abetment of suicide under IPC, there must be clear evidence of instigation or aiding the act, which was not established in this case.
The offence of abetment of suicide under Section 306 IPC requires a direct involvement of the accused in the commission of suicide and that the acts or omissions of the accused must be proximate, con....
To establish an offence under Section 306 IPC, specific evidence of instigation or intent to aid suicide is essential; absent such evidence, proceedings can be quashed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
