IMPORTANT POINTS
(1) Abetment involves mental process of instigating a person or intentionally aiding a person in doing of a thing.
(2) Without positive act on part of accused to instigate or aid in committing suicide, no one can be convicted for offence under Section 306, IPC. To proceed against any person for offence under Section 306 IPC it requires an active act or direct act which led deceased to commit suicide, seeing no option and that act must have been intended to push deceased into such a position that he committed suicide.

JUDGMENT :

R. SUBHASH REDDY, J.

1. Leave granted.

2. This criminal appeal is filed by the applicant in Application No. 27662 of 2019, aggrieved by the order dated 18.07.2019 passed by the High Court of Allahabad, dismissing her application filed under Section 482 of Code of Criminal Procedure (Cr.P.C.).

3. That on 11.05.2018, an FIR bearing Case Crime No. 278/2018 was registered at P.S. T.P. Nagar Police Station, District Meerut on the complaint of Vijaydeep (complainant and brother of the deceased) under Sections 328, 302, IPC and 3(2)(v) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act’), alleging that his brother Vikas (deceased) was called by the appellant-Kanchan Sharma on 04.05.2018 at her house. At that point of time his brother was on duty at PVM Logistic Company and on such call, he went to the house of the appellant, wherein the appellant’s father, mother and sister met his brother and all of them abused his brother with casteist abuses and forcefully administered poison to him and consequently his brother became unconscious. Complainant further stated that his brother was taken to hospital and due to the negligence of the hospital, he died.

4. Initially FIR was registered for offences punishable under Sections 328, 302 of IPC and Section 3(2)(v) of the Act against the appellant, her brother and sister. After investigation, final report was filed only against the appellant for the offence under Section 306 IPC and Section 3(2)(v) of the Act. On filing such final report, cognizance was taken against the appellant and on 21.02.2019 non-bailable warrants were issued against the appellant. After filing of the final report, case was registered against the appellant in Special Sessions Trial No. 23 of 2019 (State vs. Kanchan Sharma) under Section 306 IPC and Section 3(2)(v) of the Act, which is pending on the file of the Additional District and Sessions Judge/Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Meerut.

5. Appellant herein has approached the High Court for quashing of cognizance order/NBW issued against her as well as the criminal proceedings in Special Trial No. 23 of 2019 pending on the file of the Additional District and Sessions Judge/Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, by way of application under Section 482, Cr.P.C. for quashing the proceedings. It was the case of the appellant before the High Court that no offence is made out against the appellant to proceed for trial for the alleged offence under Section 306, IPC and Section 3(2)(v) of the Act. The High Court, by impugned order, has disposed of the petition mainly on the ground that the disputed questions of fact cannot be adjudicated at this stage under Section 482, Cr.P.C.

6. We have heard Sri. Sanchit Garga, learned counsel for the appellant and Sri. Aviral Saxena, learned counsel for the 1st respondent-State. Though the 2nd respondent- complainant is served, there is no appearance on his behalf before this Court.

7. Sri. Garga, learned counsel for the appellant has mainly contended that there is absolutely no basis to proceed against the appellant for alleged offence under Section 306, IPC and Section 3(2) (v) of the Act. It is submitted that except that the appellant was harassed by the deceased by following her and proposing marriage with him there is absolutely no basis to allege that the appellant has abetted the suicide of the deceased. It is submitted that on the day of incident, i.e. 04.05.2018 deceased came to the house of the appellant and started shouting that he would marry the appellant and if her marriage was not solemnized he would consume poison. Within no time thereafter he consumed poison from a small bottle which he was holding in his hand and fell unconscious and thereafter died in the hospital. It is submitted that in absence of any of the ingredients of Section 306/107, IPC, appellant cannot be s