Case Note & Summary
The applicants filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR in Crime No.155/2023 registered under Section 306 read with Section 34 of the Indian Penal Code, 1860 (IPC) and the consequent chargesheet. The FIR was lodged by the informant (non-applicant No.2) alleging that the applicants had harassed and abused the deceased, leading to her suicide. The informant's father had witnessed the applicants entering the deceased's bedroom and abusing her. The court examined whether the allegations constituted abetment to suicide. The court noted that for an offence under Section 306 IPC, there must be direct instigation or active participation by the accused. The allegations of harassment and abuse, without any evidence of instigation or proximate link to the suicide, were insufficient to sustain the charge. The court held that continuing the proceedings would be an abuse of process of law. Accordingly, the court allowed the application and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - FIR under Section 306 IPC read with Section 34 IPC quashed as allegations of harassment and abuse did not constitute abetment to suicide - Held that for abetment to suicide, there must be direct instigation or active participation, and mere harassment or abuse without proximate link is insufficient (Paras 1-10).
Issue of Consideration
Whether the FIR and chargesheet under Section 306 IPC read with Section 34 IPC can be quashed under Section 482 CrPC when the allegations do not disclose any instigation or proximate link to the suicide.
Final Decision
The application is allowed. FIR in Crime No.155/2023 registered under Section 306 read with Section 34 IPC and consequent chargesheet No.253/2023 are quashed.
Law Points
- Abetment to suicide requires direct instigation or active participation
- mere harassment or abuse insufficient
- Section 306 IPC
- Section 482 CrPC
- quashing of FIR
Case Details
Criminal Application (APL) No.1308 of 2023
Urmila Joshi-Phalke, Nandesh S. Deshpande
Shri A.S. Mardikar, Senior Counsel assisted by Ms. Kaushiki Gadge for Applicants; Shri N.B. Jawade, Addl. P.P. for NA No.1/State; Mrs. K.E. Meshram, Counsel Appointed for NA No.2
Santosh s/o Haribhau Bharne and Dipak s/o Haribhau Bharne
State of Maharashtra and Ravi Atmaram Jadhav
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR and chargesheet.
Remedy Sought
Quashing of FIR in Crime No.155/2023 under Section 306 read with Section 34 IPC and consequent chargesheet.
Filing Reason
Applicants alleged that FIR did not disclose any instigation or proximate link to suicide, making proceedings abuse of process.
Issues
Whether the FIR and chargesheet under Section 306 IPC read with Section 34 IPC can be quashed under Section 482 CrPC when the allegations do not disclose any instigation or proximate link to the suicide.
Submissions/Arguments
Applicants argued that allegations of harassment and abuse do not constitute abetment to suicide as there is no instigation or active participation.
State and informant opposed the application, contending that the FIR disclosed a prima facie case.
Ratio Decidendi
For an offence under Section 306 IPC, there must be direct instigation or active participation by the accused. Mere allegations of harassment and abuse, without any evidence of instigation or proximate link to the suicide, are insufficient to sustain the charge. Continuing such proceedings would be an abuse of process of law.
Judgment Excerpts
The present application is preferred by applicants under Section 482 of the CrPC for quashing of FIR in connection with Crime No.155/2023 registered under Section 306 read with 34 of the IPC and consequent proceeding arising out of the same bearing chargesheet No.253/2023.
Procedural History
FIR registered on report of informant; chargesheet filed; applicants filed application under Section 482 CrPC for quashing; heard and disposed of by this judgment.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 482
- Indian Penal Code, 1860 (IPC): Section 306, Section 34
