Case Note & Summary
The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) was filed by the applicant-accused, Ashokbhai Bhakabhai Rabari, seeking quashing of FIR No.11198047251252 of 2025 lodged at Sihor Police Station, District Bhavnagar, for offences punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 40 and 42 of the Gujarat Money Lenders Act, 2011. The prosecution alleged that the deceased, father of the complainant, had borrowed Rs.20,000 from the applicant in 2020 and was regularly paying interest. It was alleged that despite repayment of the principal, the applicant demanded an additional Rs.30,000, causing the deceased constant stress and tension, leading him to commit suicide by hanging. The applicant contended that the allegations did not constitute abetment of suicide as there was no direct instigation or intentional aiding. The court, after hearing the parties, held that the ingredients of Section 108 BNS were not satisfied as the mere recovery of loan or demand for money, without any direct act of instigation or intentional aiding, does not amount to abetment of suicide. The court also noted that the applicant was not a money lender under the Gujarat Money Lenders Act, and thus Sections 40 and 42 were not attracted. The court quashed the FIR and all consequential proceedings, holding that continuing the proceedings would be an abuse of the process of law.
Headnote
A) Criminal Law - Abetment of Suicide - Section 108 Bharatiya Nagarik Suraksha Sanhita, 2023 - Quashing of FIR - The court considered whether the allegations of loan recovery and harassment leading to suicide constitute abetment. Held that mere recovery of loan or demand for money, without direct instigation or intentional aiding, does not attract Section 108 BNS. The FIR was quashed as an abuse of process of law. (Paras 1-20) B) Criminal Procedure - Inherent Powers - Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 - Quashing of FIR - The court examined the scope of inherent powers to quash FIR when allegations do not disclose any offence. Held that where the allegations taken at face value do not constitute any offence, the High Court can exercise its inherent powers to prevent abuse of process. (Paras 1-20) C) Money Lending - Gujarat Money Lenders Act, 2011 - Sections 40 and 42 - Quashing of Proceedings - The court considered whether the applicant was a money lender under the Act. Held that the applicant was not a money lender and the loan was a private transaction, thus Sections 40 and 42 are not attracted. (Paras 1-20)
Issue of Consideration
Whether the FIR and criminal proceedings for abetment of suicide under Section 108 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Sections 40 and 42 of the Gujarat Money Lenders Act, 2011, are liable to be quashed in the absence of any direct instigation or intentional aiding by the applicant-accused.
Final Decision
The court allowed the application and quashed the FIR No.11198047251252 of 2025 and all consequential proceedings arising therefrom.
Law Points
- Abetment of suicide requires direct instigation or intentional aiding
- mere recovery of loan or harassment for repayment does not constitute abetment under Section 108 BNS
- Quashing of FIR under Section 528 BNSS for abuse of process of law
