Case Note & Summary
The petitioner, Smt. Parveen Taj, was the secretary of H.K.G.N. Education Society running St. Paul English High School. The son of respondent No.2, a 10th standard student, was found hanging on 26.07.2015. The father alleged that the petitioner had scolded his son for not paying fees and demanded payment, which led to the suicide. A charge sheet was filed under Section 306 IPC. The petitioner filed a petition under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C. to quash the proceedings. The High Court held that the allegations did not constitute abetment to suicide as there was no instigation, incitement, or direct act leading to the suicide. The court noted that the student was a regular student and there was no evidence of any prior harassment. The proceedings were quashed.
Headnote
A) Criminal Law - Abetment to Suicide - Section 306 IPC - Quashing of Proceedings - The court considered whether the petitioner, a school secretary, abetted the suicide of a student by allegedly scolding him and demanding fees. Held that mere scolding or demand of fees does not amount to instigation or abetment to commit suicide. The proceedings were quashed as no prima facie case was made out. (Paras 4-8)
Issue of Consideration
Whether the allegations in the charge sheet constitute an offence under Section 306 IPC for abetment to suicide.
Final Decision
The petition was allowed. The proceedings in Spl.C.C.No.382/2016 pending before the XXIV Additional CMM, Bengaluru were quashed.
Law Points
- Abetment to suicide requires active instigation or direct act
- mere scolding or demand of fees not sufficient
- Section 306 IPC
- Section 482 Cr.P.C.
- Articles 226 and 227 of Constitution of India
Case Details
2020 LawText (KAR) (01) 22
Writ Petition No.56380/2016
M.P.Srikanth, M.S.Parthasarathi, H.R.Showri
The State of Karnataka and Sri Shekar
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Nature of Litigation
Criminal writ petition seeking quashing of proceedings for abetment to suicide.
Remedy Sought
Petitioner sought quashing of order dated 18.04.2016 in C.C.No.10481/2016 and all further proceedings including charge sheet in Spl.C.C.No.382/2016.
Filing Reason
Petitioner was accused of abetting suicide of a student by scolding him and demanding fees.
Previous Decisions
The XXIV ACMM, Bengaluru had taken cognizance and issued process in C.C.No.10481/2016.
Issues
Whether the allegations in the charge sheet constitute an offence under Section 306 IPC for abetment to suicide.
Submissions/Arguments
Petitioner argued that there was no instigation or direct act leading to suicide, and the allegations were vague.
State argued that the petitioner's conduct of scolding and demanding fees amounted to abetment.
Ratio Decidendi
Mere scolding or demand of fees by a school authority does not amount to instigation or abetment to commit suicide under Section 306 IPC. There must be a direct act of incitement or instigation.
Judgment Excerpts
The factual matrix of the case are that on 26.07.2015, the son of respondent No.2 was found hanging at 7:00 p.m.
Mere scolding or demand of fees does not amount to instigation or abetment to commit suicide.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C. to quash the proceedings initiated in Spl.C.C.No.382/2016. The petition was heard and disposed of on 08.01.2020.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 306
- Code of Criminal Procedure, 1973 (Cr.P.C.): 482
- Constitution of India: 226, 227
