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2024 Supreme(Online)(GUJ) 25717
HIGH COURT OF GUJARAT
DIVYESH A. JOSHI, J
SANGEETABEN RAMESHBHAI KHARPADIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 21570 of 2017
MR TEJAS M BAROT, LD. SR. ADV. for the Applicant(s) No. 1,2,3; MR. JAY MEHTA, LD. ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
To establish abetment of suicide, there must be clear mens rea and direct acts by the accused leading to the victim's suicide; mere harassment is insufficient.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 306 and 107 - Quashing of FIR - Applicants sought to quash FIR for abetment of suicide, arguing lack of ingredients for abetment - Court found no proximate cause linking actions of accused to suicide, emphasizing absence of mens rea - Mere threats or scolding do not constitute abetment - FIR quashed as allegations insufficient to establish offence. (Paras 2, 5, 29, 31)
(B) Abetment of Suicide - Legal principles - To establish abetment, there must be clear mens rea and direct acts leading to suicide - Mere harassment or vague allegations insufficient - Court must assess facts carefully to determine if accused's actions compelled victim to commit suicide. (Paras 19, 20, 26)
Facts of the case:
The applicants were accused of abetting the suicide of the complainant's son, who was allegedly subjected to threats and harassment due to a love affair. The son committed suicide after being beaten and insulted by the accused. (Paras 3, 4)
Findings of Court:
The court found that the allegations did not establish the necessary elements of abetment, particularly the absence of mens rea and proximate cause linking the accused's actions to the suicide. (Paras 29, 31)
Issues: The main issue was whether the actions of the accused constituted abetment of suicide under IPC. (Para 8)
Ratio Decidendi: The court ruled that mere threats or scolding do not amount to abetment; there must be a clear intention to instigate or aid the victim in committing suicide. (Paras 10, 11)
Result: The FIR was quashed, and all consequential proceedings were terminated.
CAV JUDGMENT
1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.
2. By this application under section 482 of the Code of Criminal Procedure,1973, the applicants seek to invoke the inherent powers of this Court praying for quashing of the first information report being C.R. No.I-123 of 2017 registered before the Bhilad Police Station at Valsad for the offence punishable under section 306 read with Section 114 of the IPC.
3. The crux of the allegations made in the FIR is that there was a love affair between the son of the complainant- Niteshbhai and the daughter of the accused No.1-Bhanuben which was disliked by the accused persons and, therefore, time and again, they scolded and threatened the son of the complainant to discontinue the relationship with Bhanuben, and on the fateful day, all the accused persons beaten the son of the complainant and detained him in the house of the complainant, and due to such incessant torture, harassment and insulting treatment meted out to him in the presence of the villagers by the accused persons, the son of the complainant, strangulated himself with the rope in his house, and thereby all the accused persons have abetted the deceased to commit suicide and, hence, the impugned FIR.
4. Learned senior advocate Mr. T. M. Barot appearing for the applicants submits that even if the entire case of the prosecution is believed or accepted to be true, none of the ingredients to constitute the offence of abetment are spelt out. According to the learned senior advocate, giving threat or scolding the deceased, as alleged, to discontinue the relationship with the daughter of the accused No.1 by itself would not amount to abetment or mental cruelty. He further submits that thee was a love affair between the son of the complainant and the daughter of the applicant No.1, namely, Bhanuben. The applicants Nos.2 and 3 are the uncle and aunt of Bhanuben. Learned senior advocate Mr. Barot also submits that the deceased was a fisherman who had taken a huge sum in advance from the boat owners including one Navin Jasu Pagi for carrying out fishing activities and, therefore, he was under immense pressure and trauma to repay the said borrowed amount. He further submits that few days prior to the date of the incident, some of the creditors went to the house of the deceased and demanded the amount lent by them to the deceased and, thereafter, as the deceased failed to repay the said amount, the said boat owners beaten the deceased, and this might be the real cause which compelled the deceased to take such an extreme step to end his life. Moreover, as per the FIR, the deceased was in deep love with Bhanuben and wanted to marry her despite the fact that Bhanuben already got engaged with someone else, and if the deceased took the extreme step due to such reason, then the same cannot be, in any manner, termed as an abetment of suicide at the end of the applicants.
5. Learned senior advocate Mr. Barot submits that as per the FIR the alleged incident took place after two hours from the applicants leaving the house of the complainant and, therefore, there is no proximate cause between the alleged acts of the applicants and the action taken by the deceased of committing suicide. Thus, the necessary ingredients to constitute the offence of abetment within the meaning of Section 107 of IPC are completely absent. He further submits that it is a settled position of law that the offence of abetment by instigation depends upon the intention of the person who abets and not upon the act which is done by the person who has been abetted. The words uttered in a fit of anger or omission without any intention cannot be termed as instigation. Learned senior advocate Mr. Barot also submits that nowhere in the entire body of the complaint, there is a whisper to the effect that immediately prior to the alleged incident, the applicants were indulged into such an act, which ultimately le
