Case Note & Summary
The applicant, Savita Mohurle, filed a criminal application under Section 482 CrPC seeking quashing of FIR No.205 of 2018 registered at Sindewahi Police Station for offence under Section 306 IPC. The FIR was based on a report by respondent no.2, a police officer, following an inquiry under Section 174 CrPC into the death of Pravin Gahane, who died by hanging on 21.4.2018. The sole allegation against the applicant was that she slapped the deceased on the day of the incident at around 3.30 p.m. while he was talking on his mobile phone at a pan shop, thinking the conversation was about her. The applicant argued that this act did not constitute abetment of suicide as there was no intention or instigation. The State opposed the application. The court, after hearing both sides and perusing the case diary, found that the ingredients of Section 306 IPC were not attracted as there was no mens rea or active abetment. The court quashed the FIR and all proceedings arising therefrom, allowing the application.
Headnote
A) Criminal Law - Abetment of Suicide - Section 306 Indian Penal Code, 1860 - Ingredients of abetment - The court considered whether a single slap given by the applicant to the deceased, without any intention or knowledge that it would lead to suicide, amounts to abetment of suicide. Held that mere slapping, without any instigation or active role in the suicide, does not attract Section 306 IPC as the essential ingredients of abetment are absent. (Paras 3-4) B) Criminal Procedure - Quashing of FIR - Section 482 Code of Criminal Procedure, 1973 - Inherent powers - The court examined the scope of quashing FIR when no prima facie case is made out. Held that where the allegations do not disclose any offence, the FIR can be quashed to prevent abuse of process of law. (Paras 2-4)
Issue of Consideration
Whether the allegations of slapping the deceased constitute abetment of suicide under Section 306 IPC, warranting quashing of FIR.
Final Decision
The court allowed the application and quashed FIR No.205 of 2018 and all proceedings arising therefrom.
Law Points
- Abetment of suicide requires mens rea and active instigation
- mere slapping without intention to cause suicide does not constitute abetment
- FIR can be quashed if no prima facie case under Section 306 IPC
