To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding the act, which was absent in this case.

ORAL ORDER

[1.0] RULE returnable forthwith. Learned advocates waive service of notice of Rule on behalf of the respective respondents. With the consent of learned advocates appearing for respective parties, present application is taken up for final hearing.

[2.0] By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”), the applicants have prayed to quash and set aside the FIR being CR No.11195019210939 of 2021 registered with Deesa Rural Police Station, Banaskantha for the offence punishable under Sections 306 and 114 of the Indian Penal Code, 1860 (for short “IPC) and to quash all other consequential proceedings arising therefrom.

[3.0] Heard learned Senior Advocate Mr. Tejas Barot with learned advocate Ms.Rhea Chokshi for the applicants, learned APP Ms.Divyangana Jhala for respondent No.1 – State of Gujarat and learned advocate Mr.Dipen F. Chaudhary for respondent No.2 – original complainant.

[4.0] It is the case of the applicants that the applicants work at Bharat Nursing College in Rasana Mota, Taluka Deesa, District Banaskantha. The college offers education in nursing across three courses: Auxiliary Nurse Midwifery (ANM) spanning two years, General Nurse Midwifery (GNM) lasting three years, and a four- year B.Sc. Nursing program. Applicant No. 1 has served as the Principal for three years, while Applicant No. 2 holds the positions of professor and B.Sc. Nursing Class Coordinator. It is notable that the B.Sc. Nursing examination is conducted annually. Paresh Punjabhai Suthar, brother of respondent No. 2, was a Second Year B.Sc. Nursing student. It is pertinent to mention that Paresh Suthar had a history of disruptive behavior, irregular attendance, misconduct with peers, and non-payment of college fees. He had previously apologized to the college for his actions. The Pre-Final Exam for the Second Year took place in late August 2021, including a subject called CET (Communication Education Technology) held on August 27, 2021, from 9:00 am to 12:00 pm. Before the exam, Paresh Suthar managed to acquire a key to the room where the question papers and answer sheets were stored. On the morning of August 27, 2021, unstamped answer sheets were distributed due to time constraints, contrary to usual practice. During the exam, faculty member Kaushik Parmar, acting as supervisor in Class Room No. 1, discovered that Darshan Joshi's answer sheet bore the college's stamp, despite the unstamped sheets being distributed. Upon investigation, it was found that within ten minutes of receiving the paper, Darshan Joshi had completed detailed answers to all questions. Upon discovering similar incidents involving Mihir Parmar and Paresh Suthar in Class Room No. 2, all three students were escorted to the Principal's ofÏce (applicant No. 1). Subsequently, their parents were contacted due to the seriousness of the situation. Paresh Suthar admitted to having obtained and distributed the stolen question papers and answer sheets to the other students, Mihir Parmar and Darshan Joshi. All three students apologized for their actions. The applicants assert that the deceased was never harassed by any college staff, as evidenced by CCTV footage provided to the investigating agency. However, respondent No. 2 filed a delayed FIR alleging baseless accusations against the applicants. The informant claims to be the brother of the deceased and alleges that on August 27, 2021, applicant No. 2, acting as an exam supervisor, caught Paresh Suthar, Darshan Joshi, and Mihir Parmar cheating, leading to them being taken to applicant No. 1's ofÏce. Allegedly, applicant No. 2 slapped Paresh Suthar and made threatening remarks, which the informant suggests led to the deceased's suicide after being suspended. The applicants maintain that they acted responsibly upon discovering the exam irregularities, as any educational institution would. They approached the Sessions Court for anticipatory bail (Criminal Misc. Applic