The instant petition is filed with a prayer to quash the

complaint and FIR in Crime No.173/2021, dated 21.10.2021

registered for the offence punishable under Section 306 of IPC

with Kagwad Police pending on the file of the Civil Judge and

JMFC Court, Kagwad.

The petitioner is alleged to have had certain financial

transactions with one Smt. Sunita, the mother of respondent

No.2/complainant. In this regard on 20.10.2021, there were

certain heated exchange of words between the petitioner and the

mother of respondent No.2 and it is stated that petitioner while

leaving the place told the mother of respondent No.2 that, if she

cannot repay the money, she should go and die somewhere. It is

further submitted that, on the evening of 20.10.2021, the

complainant could not find his mother in the house and found a

letter written by her in which she has stated that the petitioner is

wrongly claiming certain amounts from her which is not due from

her and that she has recorded a portion of conversation in the

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mobile, threatening to expose her and malign her reputation and

she is being blackmailed and for that reason she is committing

suicide. Later, they found the dead body of the mother of

respondent No.2 in the river. Hence, the complaint has been

lodged against the petitioner herein by respondent No.2 by

requesting respondent Nos.1 to 4 to initiate action against the

petitioner under Section 306 of the IPC.

3.

It is submitted by the petitioner that the allegation of

respondent No.2 in the complaint as well as the contents of the

alleged suicide note written by the deceased were to be

considered as true, still they do not constitute an offence under

Section 306 of IPC.

4.

Advocate for the respondents submit that the said

allegation does constitute an offence and furthermore, this Court

cannot arrive at a conclusion whether to quash the proceeding or

not at this stage itself before completion of investigation and

filing of charge sheet. For the said reason, it is prayed that the

petition be dismissed.

5.

The case of the complainant is that there was a quarrel

between petitioner and his mother where the petitioner wrongly

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demanded repayment of money from her mother when there

was no such due, that she recorded portion of the conversation

and blackmailed her and threatened to reveal the same to others

and that while leaving the place told her that if she does not

repay their money, she should go and die somewhere, which

resulted in sufficient instigation to the mother of the complainant

to commit suicide.

6.

What is to be looked into is whether presuming the

aforementioned events to be true, does it constitute an offence

as per section 306 of IPC. Given peculiar facts and circumstances

of the case, it is highly improbable that the Police can come up

with any other material other than what has been alleged in the

complaint, after investigation.

7.

Section 306 in The Indian Penal Code, reads as follows:

<306. Abetment of suicide.4If 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.=

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8.

Thus, what has to be looked into is presuming the

allegations against the petitioner are true, whether her alleged

conduct abetted the deceased for committing suicide. In the

instant case, the petitioner has not assisted the deceased in

committing the suicide.

9.

Under the circumstances, it has to be considered whether

her actions amounts to sufficient instigation for the deceased to

commit suicide. Even presuming that the allegations made

against the petitioner are true, she will be guilty of the following:

1. Demanding money from the deceased when there

was no due.

2. Recording a portion of the conversation and telling

her that she will reveal it to others.

3. While leaving the place, telling her that if, she

does not repay her money, she should go and die

somewhere.

10.

The act of th