IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE ON THE 2^nd OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 586 of 2026 VIKAS JAIN Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Deependra Singh Bhadoriya - Advocate for the petitioner.

Shri Mohit Shivhare Ga appearing on behalf of Advocate General[r-1].

ORDER This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita by the petitioner seeking quashment of FIR registered at Police Station Kampoo, District Gwalior, being Crime No. 182/2021, for offence punishable under Section 306 of IPC, along with all consequential judicial proceedings.

2. The prosecution case, in brief, is that on 23.02.2021, Dr. Sachin Singhal, Casualty Medical Officer, J.A.H. Gwalior, sent a written information stating that one patient Kanhaiyalal was brought to the hospital for treatment by his brother Rajendra Kumar Rathore. It was informed that the patient had fallen from the roof of his house. Upon examination, the duty doctor declared him dead. On the said information, Merg No. 08/2021 under Section 174 Cr.P.C. was registered and inquiry was conducted. During the merg inquiry, statements of family members including the wife Bharti Rathore, sons Himanshu Rathore, Deepak and Abhishek, brother Rajendra, Chandramohan Rathore, and nephew Rahul Rathore were recorded. During the inquiry, a suicide note allegedly written by the deceased was recovered. As per the suicide note, it was alleged that certain moneylenders had given money to the deceased on interest and were harassing him for recovery of excessive interest, due to which he got mentally tortured and instigated to commit suicide. During investigation, the place of occurrence was inspected and a handwritten page allegedly written by the deceased was seized. On the basis of the suicide note and other material, names of several persons including Rahul Sharma, Prasann Agrawal, Girraj Agrawal, Yashpal Rana, Bhupendra Shrivastava, Shivam Lahariya, Dinu alias Dinesh, Ghanshyam Rana, Omprakash Shivhare, Tapan Pawar, Narendra Mangal, Sunny Sarawagi, Ratnesh Gupta, and the present applicant/accused Vikas Jain were implicated. Upon completion of investigation, offence under Section 306 of the Indian Penal Code was found to be made out, and Crime No. 182/2021 was registered at Police Station Kampoo, District Gwalior.

3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. The petitioner had no role whatsoever in the alleged incident and has neither directly nor indirectly abetted the deceased to commit suicide. Even if the entire prosecution story and the suicide note are accepted at face value, the essential ingredients of abetment as required under Section 306 IPC are completely absent. There is no allegation of any direct instigation, intentional aid, or active participation on the part of the petitioner. It is submitted that the suicide note and prosecution allegations contain general and omnibus allegations against several persons. No specific role or overt act has been attributed to the present petitioner to show that he intentionally provoked or compelled the deceased to commit suicide. There is no proximate or live link between the alleged conduct of the petitioner and the act of suicide. Mere allegations of financial transactions or demand of money, without mens rea or direct instigation, do not constitute abetment in the eyes of law. It is further submitted that the suicide note, even if taken as genuine, does not disclose any specific act of the petitioner amounting to abetment. Mere naming of a person in a suicide note is not sufficient to attract liability under Section 306 IPC. The arrest of the petitioner and seizure of his mobile phone and SIM card do not establish any offence. No material has been brought on record to show any threatening calls, messages, or conduct amounting to instigation.

4. It has been argued by l