Case Note & Summary
The applicant, a police constable, sought quashing of FIR No.315/2021 registered at Police Station Salekasa, District Gondia, for offences under Sections 306, 506, and 507 of the Indian Penal Code, 1860 (IPC), and the consequent Sessions Case No.43/2022 pending before the District Judge-1 and Additional Sessions Judge, Gondia. The FIR was lodged by Rameshwar Giriya, father-in-law of the deceased, alleging that the deceased, also a police constable, had illicit relations with the applicant and committed suicide by hanging on 09.12.2021 due to abetment by the applicant. During investigation, the Investigating Officer drew spot panchnama, collected postmortem notes, and examined telephonic communication between the applicant and the deceased's mother, and filed charge sheet against the applicant. The applicant argued that there was no evidence of instigation or direct involvement, and the mere fact of an illicit relationship could not constitute abetment to suicide. The court, after hearing counsel for both sides, held that the allegations did not make out a prima facie case under Section 306 IPC, as there was no material to show that the applicant instigated or actively harassed the deceased to commit suicide. Consequently, the court allowed the application and quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Law - Abetment to Suicide - Section 306 IPC - Quashing of FIR - Allegation of illicit relationship leading to suicide - Held that mere illicit relationship without evidence of instigation, harassment, or direct involvement does not constitute abetment to suicide - FIR quashed (Paras 3-6).
Issue of Consideration
Whether the FIR and proceedings for offences under Sections 306, 506, 507 of the Indian Penal Code, 1860 (IPC) against the applicant deserve to be quashed for lack of prima facie evidence of abetment to suicide.
Final Decision
Application allowed. FIR No.315/2021 registered at Police Station Salekasa, District Gondia and Sessions Case No.43/2022 pending before the District Judge-1 and Additional Sessions Judge, Gondia are quashed.
Law Points
- Abetment to suicide requires direct instigation or active harassment
- mere illicit relationship not sufficient
- quashing of FIR under Section 482 CrPC when no prima facie case
