The court held that to establish abetment of suicide, there must be clear evidence of instigation or incitement by the accused that creates circumstances compelling the victim to commit suicide.

ORAL ORDER

The petitioner is the Head Master of Byndoor High School, Udupi District seeking quashing of the impugned proceedings in which he has been arraigned as accused No.1 in Crime No.144/2024 registered against him for offences punishable under Section 306 of IPC pursuant to a complaint dated 20.05.2024 filed by the respondent No.2-defacto complainant alleging that the petitioner-accused No.1 was guilty of abetting the suicide of his son – Nithin, who is said to have completed Class X and expired by committing suicide on 20.05.2024.

2. Heard learned counsel for the petitioner and learned Addl.SPP for respondent No.1 and perused the material on record. Respondent No.2-defacto complainant having been served with notice of the petition, has chosen to remain unrepresented and has not contested the petition.

3. A perusal of the material on record will indicate that the respondent No.2-defacto complainant is the father of one Nithin, who completed his X standard in Byndoor High School in which the petitioner-accused No.1 was working as a Head Master. Respondent No.2 filed the instant complaint on 20.05.2024 interalia alleging that he found his son having committed suicide on 20.05.2024 and had left behind death/suicide note to the effect that the petitioner had threatened his son and told him to bring his parents for the purpose of obtaining Transfer Certificate (TC) since he had vandalized the School and its equipment, furniture etc., causing humiliation resulting in him committing suicide and that respondent No.1-Police Authorities were requested to initiate action against the petitioner. In pursuance of the said complaint, the respondent No.1 registered the impugned FIR in Crime No.144/2024 against the petitioner for alleged offences punishable under Section 306 of IPC which is assailed in the present petition.

4. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that there was no nexus or proximate cause between the alleged suicide of the complainant’s son and the petitioner asking him to come along with his parents to receive the Transfer Certificate since the said student was guilty of vandalizing the School which had been admitted by him in his letter of apology dated 20.05.2024 addressed to the School Authorities. It was also submitted that the death note does not contain any direct allegation of any instigation by the petitioner, thereby abetting the alleged suicide of the said student. It was further submitted that subsequent to lodging the complaint, respondent No.2 –defacto complainant submitted a letter of undertaking dated 30.08.2024 duly signed by two witnesses whereby he clearly undertook to withdraw the case against the petitioner. It was therefore submitted that the impugned proceedings deserves to be quashed in the light of the following decisions:

i) Geo Varghese Vs. State of Rajasthan and Anr - (2021) 19 SCC 144

ii) Amudha Vs. State of Tamilnadu and Anr –(2024) SCC Online SC 373

iii) Prakash and Others Vs. State of Maharashtra and Anr. , – (2024) SCC Online SC 3835

iv) Mohit Singhal and Anr. Vs. State of Uttarakhand and Ors – (2024) 1 SCC 417

v) Rohini Sudershan Gangurde Vs. State of Maharashtra and Anr – (2024) SCC Online SC1701

vi) Prabhat Kumar Mishra Vs. State of Uttar Pradesh and Anr – (2024) 3 SCC 665

vii) Yashodamma Vs. State of Karnataka –Crl.P.No.2756/2021 dated 28.06.2022

5. Per contra, learned Addl. SPP submits that there is no merit in the petition and the same is liable to be dismissed.

6. As rightly contended by the learned counsel for the petitioner, a perusal of the comp