IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 6 OF MARCH, 2024 MISC. CRIMINAL CASE No. 9837 of 2024 BETWEEN:-

RAJIV YADAV S/O SHRI HARIJANSINGH YADAV, AGED ABOUT 38 YEARS, OCCUPATION: BEO BAMORI THANA BAMORI DISTRICT GUNA MP (MADHYA PRADESH)

.....PETITIONER (BY SHRI B.K. SHARMA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE THANA BAMORI DISTRICT GUNA MP (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI NITIN GOYAL - PANEL LAWYER)

This application coming on for hearing this day, the court passed the following:

ORDER

The present petition, under Section 482 of the Code of Criminal Procedure, has been preferred by petitioner for quashment of F.I.R. bearing Crime No.51 of 2023 registered at Police Station Bamori, District Guna (M.P.) for the offences punishable under Sections 306, 34 of IPC with all consequential criminal proceedings thereto.

2. It is submitted by the counsel for the petitioner that the provisions of Section 306 of IPC for abatement of committing suicide is not made out against the present petitioner, as the dying declaration which was seized from the deceased does not reflect that there was any mensrea of the present petitioner which had compelled the deceased to commit suicide. While placing reliance in the matter of Arnab Manoranjan Goswami Vs. State of Maharashtra and Others; reported in 2020 SCC OnLine SC 964, wherein the scope of sections 107 and 306 of IPC has been summarized, it was contended that in order to bring out an offence under Section 306 IPC specific abetment as contemplated by Section 107 IPC on the part of the accused with an intention to bring about the suicide of the person concerned as a result of that abetment is required. It was further contended that the intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306 of IPC. Further reliance was placed in the matter of part of Chitresh Kumar Chopra v. State ( Govt. of NCT of Delhi) reported in 2009(16) SCC 605, which dealt with the term instigation, it was contended that where the accused had, by his acts or omission or by a continued course of conduct, created such circumstances that the deceased was left with no other option except to commit suicide, in which case, an “instigation” may have to be inferred. It was thus contended that to constitute ‘instigation’, a person who instigates another has to provoke, incite, urge or encourage the doing of an act by the other by “goading” or ‘urging forward’.

3. It was further contended that in all crimes mensrea has to be established, to prove the offence of an abetment as specified under Section 107 of IPC, the state of mind to commit a particular crime must be visible, to determine the culpability and in order to prove the mensrea, there has to be something on record to establish or to show that the petitioner herein had a guilty mind and in furtherance of the said state of mind, he abated suicide of the deceased.

4. Thus, it was submitted that the case is required to be considered in the light of the aforesaid settled legal prepositions and in the instant case alleged harassment was not a persistent feature, even from the dying declaration the ingredients of Section 107 of IPC are not attracted, therefore, the petition deserves to be allowed and the FIR registered vide Crime No.51/2023 and all the proceedings in pursuant thereof requires to be quashed. To bolster his submissions, he has placed reliance in the matter of Kapil, S/o Shivnarayan Yadav Vs. State of M.P. passed in M.Cr.C. No.10385/2021 dated 04.08.2023 and in the matter of Siyaram Rathore and another Vs. State of M.P. and another in criminal revision No.796/2022 vide order dated 05.05.2022.

5. Learned Panel Lawyer has opposed the prayer for quashing of the First Information Report and it was submitted that from the perusal of First Information Report and dying declaration, c