To establish abetment of suicide, a direct nexus and intentional instigation by the accused must be shown, which was not present in this case.

Rajeev Kumar Shrivastava, passed the following:-

The present petition under Section 482 of CrPC has been filed by petitioner for quashment of FIR as well as charge-sheet in connection with Crime No.466 of 2021 registered at Police Station Hazira, District Gwalior for offence under Section 306 read with Section 34 of IPC and other subsequent criminal proceedings initiated thereof.

(2) Facts giving rise to present petition in short are that on 16-10- 2021, an FIR was lodged against petitioner and one Manish Saxena alleging therein that complainant Ashok was informed by his neighbourer that deceased Gyanesh consumed some poisonous substance by which he was taken to JAH Hospital, Gwalior where the deceased was being treated, however, at 07:40 pm he died, on the basis of which a merg no.33/2021 was recorded. At the time of merg enquiry, statements of wife, daughter and complainant were recorded wherein they stated that due to harassment made by petitioner along with other co-accused persons, the deceased committed suicide. It is alleged that deceased had given Rs.20 lac to petitioner, co-accused Manish Saxena and Arun Asthana between 2015-2017 and when deceased demanded said money, petitioner along with other co-accused refused to repay the said amount and also issued cheque in favour of deceased which was dishonoured as a result of which deceased Gyanesh committed suicide. Therefore, impugned FIR has been registered against petitioner along with other co-accused. Hence, this petition.

(3) It is the say of learned counsel for the petitioner that learned trial Court has framed charge-sheet against petitioner which is foreign to law. It is further contended that brother of petitioner, namely Arun has also committed suicide due to atrocities committed by the deceased Gyanesh by which the deceased was being arrested by police and FIR in this regard was earlier registered which is Annexure P2. Even prior to registration of FIR, sister-in-law (Bhabhi) of petitioner made a complaint against deceased that deceased came to the shop of the petitioner and threatened family members. The complaint filed by sister-in-law of the petitioner is Annexure P3 as a result of which, deceased was being arrested in connection with suicide committed by brother of petitioner. It is further contended that petitioner has been falsely implicated by family members of deceased and in turn, deceased had filed an application under Section 156(3) of CrPC before the Magistrate by which the learned Magistrate called the record from the police and fixed case for 24-09- 2021 and the police recorded the statements of witnesses but the police could not file any report. It is further contended that since the deceased has already filed an application under Section 138 of Negotiable Instruments Act against petitioner vide Annexure P5, therefore, no offence under Section 306 of IPC is made out against the petitioner. Just prior to the death of deceased, there is no specific allegation of instigation or abetment with the deceased to commit suicide as no ingredients of Section 107 of IPC are made out against the petitioner. There is no direct or proximate link between death and act of petitioner and there is no mens rea on the part of the petitioner to instigate deceased to commit suicide. Hence, it is prayed that impugned FIR as well as charge-sheet in connection with Crime No.466 of 2021 deserves to be quashed.

(4) On the other hand, learned counsel for the State as well as counsel for complainant opposed the contentions of petitioner and submitted that there is specific allegation against petitioner along with other co-accused in regard to non-payment of Rs.20 lac by which deceased has committed