Lodging a legal complaint does not constitute abetment of suicide under IPC, especially if the deceased's hypersensitivity is established.

1. This petition under Section 528 of the BNSS has been preferred by the petitioners for quashing the FIR registered at Crime No.147/2024 at police station Pandharinath, District Indore for offences punishable under Section 306 and 34 of the IPC .

2. It is the case of the petitioners that petitioner No.1 is the wife of deceased Yash Wadhwani. On 23/6/2024 she filed a complaint against Yash Wadhwani and his family members for offences punishable under Sections 498-A, 323, 294, 506 , 34 of the IPC and under Section 3/4 of the Dowry Prohibition Act. It was alleged by her that she had got married to Yash Wadhwani on 10/12/2020 as per hindu rites and rituals. Her parents had given sufficient dowry in accordance with their financial condition. However Yash Wadhwani and her brothers and sisters used to abuse her frequently and treated her with cruelty on the ground that less dowry has been given in the marriage. They also kept insisting upon her to bring more dowry from her parents. Various other allegations were also levelled by her as regards the cruelty having been committed by Yash Wadhwani and his brothers and sisters. On the basis of complaint lodged by Payal FIR was registered against the petitioners.

3. It is submitted by the counsel for the petitioners that on 24/6/2024 Yash Wadhwani committed suicide by consuming poisonous substance Sulphas. The statements of witnesses were then recorded. A suicide note in the writing of the deceased was also recovered. From the same it transpired that the deceased had committed suicide on account of registration of criminal case against him for offences punishable under Section 498-A, 323, 294, 506 , 34 of the IPC and under Section 3/4 of the Dowry Prohibition Act, which according to the deceased was a false case. Thereafter the police has registered the offence under Section 306 /34 of the IPC against the petitioners. The petitioner No.1 is the wife of deceased Yash Wadhwani, petitioners No.2 and 3 are parent-in-laws of the deceased, petitioners No.4 to 9 are other relatives and petitioners No.10 to 12 are persons who had allegedly accompanied petitioner No.1 for lodging the complaint.

4. The challenge to the FIR has been made by the learned counsel for the petitioners submitting that even if the entire allegations are accepted on their face value then it would be clear that no offence under Section 306 of the IPC is made out. It is submitted that petitioner No.1 was subjected to cruelty and if she lodged an FIR thereby taking the legal recourse against her husband, then it cannot be said that petitioners had in any manner abetted the deceased to commit suicide. It is further submitted that if the deceased was hypersensitive in nature, then the same cannot be said to be an abetment to commit suicide.

5. Per contra, petition is vehemently opposed by counsel for the State.

However, it is fairly conceded by counsel for parties that only allegation against petitioners is that on account of lodging of false FIR under Section 498-A, 406, 294, 506 of IPC and under Section 3/4 of Dowry Prohibition Act, deceased Yash Wadhwani had committed suicide.

6. The issue which hence arises is as to whether registration of crime and filing of charge sheet which according to the deceased is a false case would amount to abetment to commit suicide or not.

7. This issue has already been considered in detail by a Coordinate Bench of this Court at Principal Seat at Jabalpur in M.Cr.C.No.14371 of 2024 (Beena Lodhi & Ors. V/s. State of M.P. & Anr.) by order dated 28/05/2024 and it has been held as under :- "9. Section 306 of I.P.C. reads as under :-

“306. Abetment of suicide. —If any person commits suicide, whoever abets the commission of such suicide, shall be punished with impriso