To establish abetment of suicide, there must be evidence of direct instigation or conspiracy, which was lacking in this case.

O R D E R

This Crl.M.C. has been filed to quash all further proceedings pursuant to Annexure A5 final report (now pending as SC No. 689/2018 on the file of the Additional Sessions Court, Alappuzha).

2. The petitioner is the 2nd accused. The 2nd respondent is the de facto complainant. The daughter of the de facto complainant committed suicide by hanging on the ceiling fan of the bedroom of her house on 12.03.2017 at around 4.30 am. A crime was registered by the Nedumudi police as Crime No. 189/2017 for the offence punishable under Section 174 of the Cr.P.C., pursuant to the FI Statement given by the paternal uncle of the deceased. The police, thereafter incorporated Sections 306 and 451 IPC and made the petitioner and the accused Nos. 1 and

3 as accused.

3. The 1st accused and the deceased were in love. They were studying together for B.Tech at K R Gouri Amma College of Engineering, Thuravoor. The petitioner and the 3rd accused are the friends of the 1st accused. The allegation is that the 1st accused along with the 2nd and 3rd accused reached the house of the deceased on 12.03.2017 at 3.30 am and the 1st accused entered into the bedroom of the deceased and had sexual intercourse with her and while he was coming out of the bedroom, the parents of the deceased caught him and immediately thereafter, the deceased locked the bedroom and committed suicide by hanging on the fan. According to the prosecution, the 1st accused has committed the offence punishable under Section 306 of the IPC as well as Section 451 of the and the 2nd and 3rd accused have abetted the offence.

4. I have heard Sri. Sanal Kumar, the learned counsel for the petitioner and Sri. P G Manu, the learned Senior Public Prosecutor. Even though notice has been served to the 2nd respondent, there is no appearance.

5. The learned counsel for the petitioner submitted that even if the entire prosecution evidence is believed in toto, no offence under Sections 306 and 451 of the IPC have been made out against the petitioner.

6. As stated already, the accused No. 1 and the deceased were college mates and they were in love. The accused 2 and 3 are the friends of the accused No. 1. Even according to the prosecution version, on the date of the incident, the 1st accused along with the remaining accused went to the house of the victim at the midnight and the 1st accused with victim had voluntary sexual intercourse and while the 1st accused was coming out of the bedroom, he was caught red handed by the parents of the victim. Even according to the prosecution, there was absolutely no connection or relationship between the petitioner and the victim. There is no case that the petitioner entered into the compound of the house of the victim. It appears that the petitioner and the 3rd accused were arrayed as accused on the confession made by the accused No. 1 that he was accompanied by them.

7. It is settled that to constitute an offence of abetment of suicide under Section 306 of the IPC , there must be proof of either any instigation or conspiracy or intentionally aiding or direct or indirect act of incitement to the commission of the offence of suicide [seeSukumaran and another v. State of Kerala ( 2022 (1) KHC 427 ]. There is absolutely no allegation in the final report that the petitioner has made any instigation or conspiracy or intentionally aided or incited the victim to the commission of the offence of suicide. Moreover, the records reveal that the victim committed suicide after her parents came to know that the 1st accused was along with her in the bedroom at midnight. Thus, the offence under of the is not at all attracted against the petitioner. There is no case for the prosecution that the petitioner trespassed into the house of the victim. Hence, Section 451 of the is also not attracted.

8. In the light of the above findings, I am of the view that no offence has been made out against the petitioner. Hence, no purpose will be served in proceeding further against the petiti