GAHC010046132023 2026:GAU-AS:1957 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet./219/2023 MD. MAINUL HOQUE AND ANR S/O MD. JAHUR ALI R/O PUB LORIMUKH P.S. RUPAHIHAT DIST. NAGAON, ASSAM

2: MD. MOKSIDUL HOQUE @ MD. BABUL ISLAM S/O MD. JAHUR ALI R/O PUB LORIUKH P.S. RUPAHIHAT DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM

2:MD. MOKBUL HUSSAIN S/O LATE BOSIR UDDIN R/O PUB LORIMUKH P.S. RUPAHIHAT DIST. NAGAON ASSAM PIN-78212 Advocate for the Petitioner : MR. S MUNIR, MD R ISLAM,MD IMRAN,MS F HUSSAIN,MR. S RAHMAN Advocate for the Respondent : PP, ASSAM, MD R ISLAM (R-2),MR. S RAHMAN (R-2),MR S M ABDULLAH P (R-2),MS F HUSSAIN (R-2)

:: BEFORE ::

HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

12.02.2026 Heard Mr. S. Munir, the learned counsel appearing for the petitioners. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam as well as Mr. S.M.

Abdullah P, the learned counsel appearing for the informant/Respondent No.2.

2. This is an application under Section 482 of the CrPC praying for quashing the proceedings of PRC Case No.539/2022 (arising out of Rupahihat P.S. Case No.572/2021) pending in the court of the learned Judicial Magistrate First Class, Kaliabor, Nagaon.

3. On 19.08.2021, the respondent no.2 had lodged an FIR before the police that the petitioner Md. Moksidul Hoque @ Md. Babul Islam had been in love with his daughter for a period of four years. On 11.08.2021, Md. Moksidul Hoque @ Md. Babul Islam took away the girl to his house in order to marry her. When the couple reached home of the petitioner, the other petitioner Mainul Hoque assaulted the girl and drove her out of the house.

4. Next day, i.e. on 12.08.2021, the petitioner Mainul Hoque had solemnized the marriage of Md. Moksidul Hoque @ Md. Babul Islam with another girl. Unable to tolerate all these things, the daughter of the informant committed suicide by consuming poison.

5. Initially, police registered the case under Section 419/ 323/109 and 504 of the Indian Penal Code. After the death of the girl, Section 306 of the IPC was added. After the investigation, police filed the charge sheet against the present two petitioners.

6. Now, the informant, the father of the deceased girl and the present two petitioners have compromised their disputes. The father of the girl has claimed that he would have no objection if the criminal proceedings against the present petitioners are quashed.

7. I have considered the submissions made by the learned counsel for both sides.

8. Let me have a discussion on the settled position of law regarding the offence of abatement of suicide.

9. Now, a close look into the law laid down in section 306 IPC may be required. The section 306 of the IPC reads as under:

“306. Abetment of suicide 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.”

10. From a bare reading of the provision, it is clear that to constitute an offence under Section 306 IPC, the prosecution has to establish:

(i) that a person committed suicide, (ii) that such suicide was abetted by the accused.

11. In other words, an offence under Section 306 would stand only if there is an abetment for the commission of the crime. The parameters of abetment have been stated in Section 107 of the IPC, which defines abetment of a thing as follows:

“A Section:107. Abetment of a thing person abets the doing of a thing, who - First- Instigates any person to do that thing; or Secondly-

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 Thirdly- Intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1- A person who by willful misrepresentation, or by willful conc