IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE B. P. SHARMA st ON THE 21 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 34459 of 2024 HAKIM SINGH SIKERWAR Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Ghanshyam Sharma - Advocate for the petitioner.

Shri Vijay Shukla - Pl for respondent.

ORDER This petition has been filed by the petitioner under Section 482 of Cr.PC for quashment of FIR as well as criminal proceedings/charge-sheet of Crime No. 465/22 registered at police station Shahpura District Bhopal as well as ST No. 63/24 pending before 20th Additional Sessions Judge, Bhopal.

2. Prosecution story in brief is that co-accused/wife of the deceased was married with the deceased Brajesh Sahu 10 years back and out of their wedlock they have two children. Deceased Brajesh Sahu has doubt on the character of his wife/co-accused. He doubted that she had illicit relationship with the present petitioner and therefore, on 15-09-2021, the deceased committed suicide on railway track and thereafter, the concerned police station registered Merg No. 35/2021 and investigated the matter. During investigation, the concerned police station has seized one suicide note in which deceased mentioned that his wife is having illicit relationship with the petitioner and both harassed the deceased which cause immense mental trauma to him. It is also mentioned that the petitioner had disturbed the mental peace and stability and ruined the family life of the deceased. It is mentioned in the suicide note that the petitioner is solely responsible for his death. Statement of witnesses have been recorded and charge-sheet has been filed.

3. Learned counsel for the petitioner submits that even though the allegations and FIR and statements recorded during investigation are taken at its face value,no offence is made out against the petitioner for abetment of suicide under Section 306 of IPC. It is further submitted that no ingredients of Section 107 of IPC are available on record to constitute offence under Section 306 of IPC.He further submitted that there is no abetment on the part of the petitioner and as such, required ingredients as per Section 107 of IPC to formulate the offence under Section 306 of IPC is not available in the present case. He also submitted that the deceased got depressed of illicit relationship of his wife with many persons and as such offence under Section 306 of IPC is not made out against the petitioner.

4. On the other hand, learned counsel for the State has opposed the submissions advanced by learned counsel for the petitioner and submitted that under existing circumstances and on the basis of material available on record, it is clear that in the suicide note, the deceased had clearly disclosed the reasons for committing suicide. It is further submitted that deceased was not only harassed by the petitioner along with his wife but, also disturbed the mental peace and stability and ruined the family life of the deceased. According to them, under the aforesaid circumstances, the trial court did not commit any error in framing the charges under Sections 306/34 of IPC against the petitioner. Therefore, no interference is warranted for quashment of the FIR.

5. I have heard the arguments advanced by learned counsel for parties and perused the record.

6. Perusal of the record reflects that the trial Court vide order dated

10-02-2024 framed charges for the offence punishable under Sections 306/34 of IPC and the case is fixed for prosecution evidence.

7. Perusal of the record reflects that prosecution witnesses have clearly stated in their statement that the deceased was very disturbed due to his wife's relationship with the petitioner. In the suicide note, it is clearly mentioned that petitioner and the deceased wife together harassed the deceased which caused him immense mental distress and due to this very mental trauma inflicted by the petitioner and her lover/wife of the deceased, the deceased was forced to