Case Note & Summary
The applicant, Ashish Buddhabharat Nandeshwar, filed a criminal application under Section 482 CrPC seeking quashing of the chargesheet filed against him for the offence under Section 306 read with Section 34 of the Indian Penal Code, arising from FIR No.145 of 2018 registered at Police Station Sakoli, District Bhandara. The deceased, Rashmi Sakhare, aged 24, was residing with her aunt after losing her mother. She was in love with Amit Vaidya, a student from the same study circle, who left Sakoli for studies in Aurangabad, causing her mental distress. On 25.8.2018, after a quarrel with her aunt, she poured kerosene on herself and set herself on fire, sustaining 80% burns, and succumbed on 26.4.2018. The dying declaration recorded in the hospital alleged that the applicant had abused and teased her in December 2017 when she did not attend his study circle. The applicant argued that this remote incident, eight months prior to the suicide, could not constitute abetment. The court examined the dying declaration and found no evidence of instigation or active involvement by the applicant. The court held that the alleged acts were too remote and did not meet the threshold for abetment under Section 306 IPC, as the suicide was triggered by the deceased's personal issues. Consequently, the court quashed the chargesheet and allowed the application.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 Indian Penal Code, 1860 - Quashing of Chargesheet - The court considered whether the dying declaration alleging that the applicant abused and teased the deceased in December 2017, eight months prior to her suicide on 25.8.2018, constituted abetment. Held that the alleged acts were too remote and did not amount to instigation or active abetment, as the deceased's suicide was triggered by a quarrel with her aunt and her lover's departure. The chargesheet was quashed. (Paras 2-6) B) Criminal Procedure - Quashing of FIR - Inherent Powers under Section 482 Code of Criminal Procedure, 1973 - The court exercised inherent powers to quash the chargesheet where no prima facie case under Section 306 IPC was made out, as the dying declaration lacked proximity and mens rea for abetment. (Paras 1-6)
Issue of Consideration
Whether the allegations in the dying declaration and chargesheet constitute an offence under Section 306 IPC against the applicant.
Final Decision
The court allowed the application and quashed the chargesheet filed against the applicant for the offence under Section 306 r/w 34 IPC.
Law Points
- Abetment of suicide requires active instigation or direct involvement
- mere harassment or teasing without proximity to suicide not sufficient
- Dying declaration must show clear mens rea for abetment
- Section 306 IPC not attracted by remote acts
