The court established that mere accusations of harassment without specific intent to instigate suicide do not constitute abetment under Section 306 IPC.

ORDER

By way of instant petition filed under Section 482 Cr.PC, prayer has been made by the petitioner for quashing of FIR No. 215 of 2019, dated 18.7.2019, registered at PS Nalagarh, under Section 306 read with Section 34 of IPC, as well as consequent proceedings, pending in the court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P.

2. Precisely, the facts of the case, which led to filing of the FIR sought to be quashed in the instant proceedings, are that on 18.7.2019, complainant Gurmukh Singh lodged a complaint at Police Station Dabota, Nalagarh, alleging therein that his daughter namely Asha Rani, a student of Electrician Trade in ITI, Nalagarh, committed suicide on 11.7.2019, after having jumped in a canal near Bharatgarh, Punjab. He alleged that police recovered one suicide note from the bag of his daughter, wherein she has alleged that she has committed suicide after being harassed and tortured by the ITI administration. On the basis of the aforesaid complaint, police registered case against the present petitioner as well as few employees of ITI Nalagarh, District Solan, H.P. During investigation, police recorded the statement of person namely Dilpreet, who had seen the deceased Asha Rani jumping in the canal on 11.7.2019. On 24.7.2019, dead body of the deceased Asha Rani was recovered near Bulsunda canal ramp RDO 38, Tehsil Chamkaur Sahib, District Ropar, Punjab. Police got the post mortem of the dead body conducted in IGMC Shimla, wherein forensic expert opined that “in the absence of diatom test, negative chemical examiners report and body being in a state of advanced decomposition, the cause of death in all probability is asphyxia secondary ante mortem wet drowning.” Assistant Director, SFSL Junga, after having examined the viscera reported that no poison was detected in the parcels P/1, P/2, P/3 and P/4. On 30.7.2019, Ms. Navneet Kaur, principal ITI (Women) Nalagarh, got her statement recorded under Section 161 Cr.PC, stating therein that on 11.7.2019, Ms. Lubna Ansari, trainer, ITI (W) had reported her that students namely Alka Sharma and Asha Rani left the college and accordingly, she had instructed the aforesaid trainer to apprise the parents of both the girls. On 31.7.2019, Ms. Lubna Ansari disclosed to the police that on account of dispute inter-se students of the ITI, direction was issued to all the students to submit their complaints in writing, but students namely Alka Sharma and Asha Rani went out of the class and when both the students did not come back, information was given to the principal and HCM Ms. Sharda Devi, who thereafter asked her to send information through telephone to the parents of the above named students. On 2.8.2019, police recorded the statements of the students of junior class ITI. While matter was being investigated, father of Ms. Asha Rani informed the police through mobile phone that some of friends of his daughter Asha Rani had come to his house and they have disclosed that while their statements were recorded on 7.8.2019, they missed to state few facts and as such, police again recorded the statements of friends of deceased Asha Rani namely Anchal, Minakshi, Rajni Bala and Nisha Devi. On 8.8.2019, police apart from recording the statement of Ms. Alka under Section 161 also got her statement recorded under Section 164 Cr.PC in the court of learned ACJM Nalagarh, wherein she alleged that after their having l