To establish abetment of suicide under IPC, there must be clear intent and action leading to the act, mere allegations or suspicion are insufficient.

ORDER

This application under Section 482 of Cr.P.C. has been filed seeking the following reliefs:-

“It is therefore, prayed that this Hon’ble Court may kindly be pleased to quash the impugned FIR in Crime No.520/2023 dated 01.12.2023 registered at Police Station Hata, District Damoh (M.P.) for the offence punishable under section 306 against the present applicant and its entire further proceeding initiating against the applicant in relation with ST No.08/2024 pending before Addl. Session Judge, Hata, District Damoh in the interest of justice.”

2. By this application the applicant has sought quashment of FIR in Crime No. 520/2023, registered at Police Station Hata, District Damoh for offence under Section 306 of IPC.

3. It is submitted by counsel for applicant that during the pendency of this application charges have been framed. However, the same have not been challenged by filing any revision. Thus, it is submitted that merely because the charges have been framed during the pendency of this application, therefore, this application would not render infructuous and still it can be decided on merits.

4. The facts necessary for disposal of the present application in short are that an information was received from District Hospital, Damoh on 04.10.2023 at 17:55 to the effect that one Madan Dimha has been brought in a dead condition and it was informed that he has consumed sulphas. Accordingly, the police registered marg and started conducting enquiry. Statement of witnesses including wife of the deceased were recorded. Smt. Kirti Dimha widow of Late Madan Dimha has stated that her husband was posted as Home Guard Sainik. Her husband Madan Dimha was the relative of Kaushal Kishore Upadhyay. Kaushal Kishore Upadhyay has six sons and a daughter. Since her husband was the relative of Kaushal Kishore Upadhyay, therefore, he used to visit her house. Her husband used to treat Kaushal Kishore Upadhyay as his uncle and his children as brothers and sisters. The present applicant is the son-in-law of Kaushal Kishore Upadhyay and, therefore, he was visiting the house of Kaushal Kishore Upadhyay. About six months back, she was informed by her husband that applicant does not like the intimate relationship of deceased in the house of Kaushal Kishore Upadhyay and has a suspicion that the deceased Madan Dimha has illicit relationship with daughter of Kaushal Kishore Upadhyay. After sometime her husband informed that applicant is defaming him and also threatening him on mobile and always alleged that since he is having illicit relationship with daughter of Kaushal Kishore Upadhyay, therefore, he will ruin him and it is better for him to stay away. About four months back also number of calls were received from the applicant by her husband. She was also told by the applicant that her husband is not a good person and has illicit relationship with daughter of Kaushal Kishore Upadhyay and various other ladies. He also requested her to stop her husband. Even otherwise, he threatened that he would get her husband dismissed from service. On account of defamation in the society as well as on account of mental harassment, her husband has committed suicide by consuming sulphas. While her husband was admitted in the hospital, she enquired from her husband as to why he has consumed sulphas then she was informed by her husband that the applicant has harassed him mentally and has also defamed him in the society, therefore, he has consumed poison. Thereafter, her husband was referred by the doctor to Damoh Hospital. They took him to Damoh hospital where he was declared dead. Similar allegations were made by the other witnesses.

5. Accordingly, the police registered an offence under Section 306 of IPC on the allegations “that the applicant was apprehending that the deceased has illicit relationship with daughter of Kaushal Kishore Upadhyay, therefore, he was objecting to it and on this ground he was threatening the deceased to stay away and had also defamed him in the so