IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

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ON THE 23 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 55906 of 2023 GAJRAJ SINGH Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Ms Mayuri Jain - Advocate for the petitioner.

Shri Gajendra Singh Dodia - Govt. Advocate for the respondent/State.

Shri Rohan Malviya - Advocate for the respondent no.2 ORDER This petition under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for quashing of FIR pertaining to Crime No. 382/2023 registered by the Police Station, Ghatia, District – Ujjain; for offence punishable under section 306 & 34 of the Indian Penal Code, 1860 and the charge sheet with all consequential proceedings thereto.

2. The exposition of facts, giving rise to the present petition, is as under:

(i) Bhom Singh, resident of Village Tulaheda informed S.I. Suresh Bankar on 12.09.2023, around 14:00 hrs that his brother Hakam Singh alias Guddu Singh has committed suicide by hanging to a tree at his agricultural field. Dead body of Hakam was sent for post-mortem. During inquest of death intimation No. 50/2023, the statements of Rekha Bai - wife of deceased, daughters Monika Rathore and Sheetal Rathore, were recorded on 29.09.2023. They stated that Hakam Singh alias Guddu Singh was in illicit relationship with Anandi Bai. Anandi Bai used to harass Hakam Singh alias Guddu Singh for demand of money. They further informed that Anandi Bai alongwith her brothers Tarun and Pappu Singh and Gajraj Singh(petitioner) came to their house and demanded money. They threatened Hakam Singh of disreputing him in the village and lodging of complaint against him. Hakam Singh also disclosed recording of conversation with Gajraj Singh, Anandi Bai and both of her brothers Tarun and Pappu and payment of Rs. 10 lakhs during last eight years. A video recorded by him mentioning that he will end his life due to harassment got viral on the social media. All the relatives of Hakam Singh alleged that Hakam Singh was mentally distressed due to harassment by Anandi Bai, her brothers Tarun and Pappu Singh and Gajraj Singh, therefore, he had committed suicide on 12.09.2023.

(ii) On such allegation, the P.S. Ghata, Rajgarh registered the FIR at Crime No. 382/2023 for the offence punishable under Section 306 and 34 of IPC against Gajraj Singh, Anandi Bai alias Anand Kunwar, Tarun alias Arun Singh and Pappu alias Vishnu Pratap Singh. The final report was submitted on completion of investigation. Trial is underway. According to the status report of trial Court, 09 prosecution witnesses have been examined and 06 prosecution witnesses are yet to be examined. The trial would conclude in two months.

3. Learned counsel for petitioner, in addition to the grounds mentioned in the petition, submits that petitioner has falsely been implicated in this matter. No offence, as alleged, has been committed by the petitioner. Learned counsel submits that there is no allegation that the petitioner ever intended suicide of Hakam Singh alias Guddu Singh. There is no allegation that in close proximity of his death, Gajraj Singh had communicated with Hakam Singh. Neither he has demanded any money nor had he received any money from the deceased. The necessary ingredients to constitute the alleged offence are not made out, therefore, impugned FIR deserves to be quashed.

4. Per contra, learned counsel for the respondent/State opposes the application and submits that the inquest into death of Hakam Singh and further investigation reveal that Hakam Singh was mentally distressed by the conduct of Anandi Bai, her brothers and the petitioner and he had committed suicide due to threats of social disrepute given by them.

5. Heard, learned counsel for both the parties and perused the record.

6. Section 306 of IPC provides that punishment for abetment to commit suicide. Section 107 of IPC defines abetment as under:-

107. Abetment of a thing.— A person abets the doing of a thing, who